HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3633/2022
1. Shekhar Kabra S/o Shri Navin Kabra, Aged About 49 Years, Resident Of 292, Rajeshwar Basti, Kushalbag Palace, Banswara (Rajasthan) 327001.
2. Navin Chandra Kabra S/o Shri Ganesh Lal Kabra, Aged About 74 Years, Resident Of 292, Rajeshwar Basti, Kushalbag Palace, Banswara (Rajasthan) 327001.
3. Smt. Parvati Devi Kabra W/o Shri Navin Kabra, Aged About 72 Years, Resident Of 292, Rajeshwar Basti, Kushalbag Palace, Banswara (Rajasthan) 327001.
----Petitioners Versus Akme Fintrade (India) Ltd., 4-5, Subcity Centre, Savina Circle, Opposite Krishi Upaz Mandi, Udaipur (Rajasthan) 313001 And/or Email [email protected], Through Its Authorised Officer.
----Respondent For Petitioner(s) : Mr. Ram Naresh Vijay HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 16/03/2022 Learned counsel for the petitioner has submitted that against the order dated 22.2.2022 passed by the Debts Recovery Tribunal, Jaipur (for short 'the DRT'), the petitioners are having alternate remedy of filing appeal (Downloaded on 16/03/2022 at 09:04:21 PM) (2 of 3) [CW-3633/2022] under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002') before the Debts Recovery Appellate Tribunal, Delhi (for short 'the DRAT'), but since the same is non functional as the post of the Chairperson is lying vacant, therefore, the petitioners are left with no option but to approach this Court by way of filing writ petition under Article 227 of the Constitution of India.
In view of the fact that the DRAT is non functional, I deem it appropriate to hear this writ petition on merits. Learned counsel for the petitioners has submitted that the DRT vide its order dated 22.2.2022 has illegally rejected the appeal filed by the petitioners without taking into consideration the grounds taken by them regarding the illegality committed by the respondent in respect of the mandatory provisions of the Act of 2002 and the Rules thereunder. It is further submitted that the petitioners, in their written arguments, has placed reliance on the judgments of the Gujarat High Court, however, the DRT has not even mentioned about those judgments much less to consider the same. It is also submitted that on earlier occasions, the DRT while relying upon the judgments of the Gujarat High Court has set (Downloaded on 16/03/2022 at 09:04:21 PM) (3 of 3) [CW-3633/2022] aside the proceedings against the defaulters, but in this case, the DRT has illegally not considered the judgments passed by the Gujarat High Court.
Issue notice. Issue notice of stay petition as well, returnable on 13.4.2022.
In the meantime, the auction in pursuance to notice dated 11.2.2022 (Annex.11) may be carried out, but the auction shall not be finalized without permission of this Court.
(VIJAY BISHNOI),J 22-msrathore/-
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