M/S Sanya Enterprises vs Sh. Roshan Lal
2022 Latest Caselaw 4792 HP

THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 22ND DAY OF JUNE 2022 BEFORE HON'BLE MR. JUSTICE SANDEEP SHARMA

.

CIVIL SUIT NO. 29 OF 2017

Between:-

M/S SANYA ENTERPRISES, VILLAGE RANGUWAL, P.O. RAJPURA,

BHARATGARH ROAD, NALAGARH, DISTRICT SOLAN, (H.P.) THROUGH ITS PARTNER SH. ABHIMANYU RAJ BHALLA S/O SH. VIVEK BHALLA

PLAINTIFF (BY MR. AJAY SHARMA, SENIOR ADVOCATE WITH MR. ATHARV SHARMA, ADVOCATE)

AND

1. SH. ROSHAN LAL SON OF SH. DAYA CHAND, R/O E-141, SECTOR-I, DWARKA, NEW DELHI-110 075.

2. M/S SHIVALIK FIBERS PVT. LTD., C-4A/46A, JANAKPURI, NEW DELHI THROUGH ITS MD

3. THE CHIEF MANAGER CUM

AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, SAMRALA CHOWK, CHANDIGARH ROAD,

LUDHIANA (PUNJAB)

DEFENDANTS

(BY MR. ARVIND SHARMA, ADVOCATE FOR D-3)

Whether approved for reporting:

This suit coming on for orders this day, the court passed the following:

J U D GM E NT

OMP No. 370 of 2022 By way of instant application filed under Order XII, rule 1(3)

CPC, prayer has been on behalf of the plaintiff to permit it to withdraw the suit

.

with liberty to file afresh on same cause of action.

2. Defendants Nos. 2 and 3 have been proceeded against ex parte vide

order dated 10.1.2019 and 6.11.2019 respectively. Learned counsel for the

defendant No.3 fairly states that on account of subsequent developments,

prayer made on behalf of the plaintiff can be accepted.

3. Having perused the averments contained in the application, this court

finds that the suit property has been sold by defendant No.3 in public auction

in favour of persons namely Dr. Ajeet Pal Jain, Mrs. Parveen Jain, Dr. Gagan

Jain and Ms. Ashima Jain vide sale dated 15.9.2021 in proceedings under

SARFASEI Act, as such, plaintiff, besides impleading said persons as

defendants, also requires to lay challenge to sale deed dated 15.9.2021.

Since above named persons have become owners of the suit property on

account of sale deed dated 15.9.2021, entire frame of the suit is required to

be changed.

4. For the reasons stated in the application, the same is allowed and the

plaintiff is permitted to withdraw the suit, with liberty as prayed for.

Civil Suit No. 29 of 2017

5. In view of order passed in the aforesaid application, present suit is

dismissed as withdrawn, with liberty to file afresh on same cause of action.

Needless to say, plaintiff shall be entitled to refund of fee in accordance with

law. Registry is directed to return the original documents filed with the plaint,

to the plaintiff by retaining photocopies thereof in the record.

6. The suit stands disposed of in the afore terms alongwith all pending

applications. Interim directions, if any, stand vacated. Registry to draw decree

in terms of aforesaid judgment, if required.

.

                                                           (Sandeep Sharma),
                                                                Judge
         June 22, 2022
            (vikrant)





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