Mrs. Manjula Rani Gupta Wife of Late Shri I.R. Gupta Vs Punjab National Bank — Rajasthan HC (2025) — LawSathi Research

Mrs. Manjula Rani Gupta Wife of Late Shri I.R. Gupta Vs Punjab National Bank — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as not pressed; liberty granted to the appellants to avail remedies before the Debts Recovery Tribunal, whose consideration is directed if approached within fifteen days; interim stay of dispossession (over the appellant's single dwelling house in dispute with the bank) continued for four weeks or until the tribunal takes up the stay application, whichever is earlier.

Issue for consideration

Whether the appellants, not pressing the special appeal, could be granted liberty to pursue their remedies before the Debts Recovery Tribunal, with condonation of limitation and continuance of the interim protection.

Court's answer

The special appeal is disposed of as not pressed, with liberty to the appellants as prayed for (to avail remedies before the Debts Recovery Tribunal).

Ratio / Principle

If the appellants approach the Debts Recovery Tribunal within fifteen days from the date of the order, the appellant's matter shall be considered by the tribunal in accordance with law.

Key takeaways

The interim protection granted in the appeal, which was continuing till date, shall continue for four weeks from the date of the order or until the tribunal takes up the stay application, whichever is earlier.ratio¶25

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), D.B. Special Appeal Writ No. 585/2022 (decided 18.09.2025; bench: Avneesh Jhingan and Baljinder Singh Sandhu, JJ.). The appellants, suspended directors of M/s. Aesthetic Stone Arts India Pvt. Ltd. whose dispossession had been stayed by interim order dated 04.07.2022, chose not to press their 2022 writ appeal and instead sought liberty to pursue remedies before the Debts Recovery Tribunal, praying for condonation of limitation and continuation of interim protection. The Court disposed of the appeal as not pressed with liberty as prayed for; directed that if the tribunal is approached within fifteen days, the appellant's matter shall be considered in accordance with law; and continued the interim stay of dispossession (concerning the appellant's single dwelling house in dispute with Punjab National Bank) for four weeks or until the tribunal takes up the stay application, whichever is earlier.

[2025:RJ-JP:38274-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Special Appeal Writ No. 585/2022

Mrs. Manjula Rani Gupta Wife Of Late Shri I.r. Gupta, Aged About 71 Years, Suspended Director Aesthetic Stone Arts India Pvt. Ltd. Resident Of Plot No. 9, Bais Godam, Behind Nehru Sahkar Bhawan, Jaipur.

Ms. Vasundhra Gupta D/o. Late Shri I.r. Gupta, Aged About 47 Years, Suspended Director Aesthetic Stone Arts India Pvt. Ltd. Resident Of Plot No. 9, Bais Godam, Behind Nehru Sahkar Bhawan, Jaipur

----Appellants

Versus

Punjab National Bank, Through Its Zonal Manager, Shastra Division, Iii Floor, Nehru Palace, Tonk Road, Jaipur.

Committee Of Creditors Of M/s. Aesthetic Stone Arts India Pvt. Ltd., Through Zonal Manager, Shastra Division, Iii Floor, Nehru Palace, Tonk Road, Jaipur.

Mrs. Anuradha Gupta (Irp), Insolvency Professional, Fca, Disa (Ieai), B.a. (H). Maths E-194, Ambabari, Jaipur302039.

Mr. Vijendra Bangar (Rp), Fca, Acs, Disa, 103-A, Shyam Anukampa, O-11, Ashok Marg, C-Scheme, Jaipur-302001

----Respondents

For Appellant(s) : Mr. Sandeep Pathak For Respondent(s) : Mr. Vikas Jain with Mr. Shashnak Jain Mr. Vinod Pathak

HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

18/09/2025

Learned counsel for the appellant on instructions from the client present in Court as identified by the counsel is not pressing

[2025:RJ-JP:38274-DB]

[SAW-585/2022]

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this appeal with liberty to avail remedies before the Debts Recovery Tribunal (for short ‘ the tribunal’).

The prayer is that the appeal is pending since 2022 and vide order dated 04.07.2022 dispossession of the appellant was stayed. It is contended that limitation for approaching the tribunal be condoned and the interim order be continued.

The appeal is disposed of as not pressed with liberty as prayed for.

In the eventuality of the appellant approaching the tribunal within fifteen days from today, the appeal shall be considered by the tribunal in accordance with law.

As per the pleadings, the appellant has a single dwelling house which is in dispute with the bank. The interim protection granted in this appeal is continuing till date and the same shall continue till four weeks from today or when the stay application is taken by the tribunal, whichever is earlier.

(BALJINDER SINGH SANDHU),J

(AVNEESH JHINGAN),J

Riya/21