Rajesh Kumar Barjatiya vs Urban Improvement Trust, ...
2021 Latest Caselaw 15786 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 577/2021

1. Rajesh Kumar Barjatiya S/o Shri Prem Chand Barjatiyta, Aged About 31 Years, R/o 115 Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

2. Saket Jain S/o Shri Sanjay K Jain, Aged About 28 Years, R/o 115 Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

----Appellants Versus

1. Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

2. The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb-57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road Jaipur.

3. Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

----Respondents Connected With D.B. Spl. Appl. Writ No. 578/2021 Rajesh Kumar Barjatiya S/o Prem Chand Parjatiyta, Aged About 31 Years, R/o 115 - Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

----Appellant Versus

1. Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

2. The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb- 57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road, Jaipur.

3. Axis Bank, Through The Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

----Respondents D.B. Spl. Appl. Writ No. 581/2021 Saket Jain S/o Shri Sanjay K Jain, Aged About 28 Years, 115- Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

----Appellant Versus

1. Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

2. The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb-57, First Floor, Ridhi Tower,

(2 of 3) [SAW-577/2021]

Opposite Sms Stadium, Tonk Road Jaipur.

3. Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

----Respondents D.B. Spl. Appl. Writ No. 583/2021 Twinkle Jain W/o Shri Shreyansh Badjatiya, Aged About 31 Years, R/o 115 - Main Section, Near Jain Temple, Shastri Nagar, Bhilwara. Rajasthan.

----Appellant Versus

1. Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan. 311001.

2. The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb- 57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road Jaipur.

3. Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

----Respondents

For Appellant(s) : Mr. Ankur Mathur.

For Respondent(s) : --

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

20/10/2021

These appeals arise out of a common background and a

common question of law and against the common judgment dated

20.09.2021 passed by the learned Single Judge dismissing four

writ petitions being S.B. Civil Writ Petition No. 13107/2019 and

other connected petitions. The learned Single Judge has dismissed

these petitions primarily on the ground that against the impugned

order of the Debt Recovery Tribunal, the petitioners have a right of

appeal before the DRAT in terms of Section 20 of the Recovery of

Debts and Bankruptcy Act, 1993.

(3 of 3) [SAW-577/2021]

Learned counsel for the appellants agreed to approach the

DRAT by filing appeals. He, however, pointed out that by now the

limitation period for filing such appeals has expired.

In view of the fact that the appellant-petitioners were

bonafide pursuing the remedy before this Court, initially before

the learned Single Judge and thereafter, before the Division Bench

in appeals, if the appellant-petitioners file the appeals before the

DRAT latest by 30th November, 2021, the same shall be

entertained and decided on merits without reference to the

limitation.

With these observations and directions the appeals are

disposed of.

Needless to add, when the learned Single Judge has

relegated the appellant-petitioners to avail the remedy of appeal

and the apellant-petitioners have also agreed to file such appeals,

the appeals may be decided by the DRAT, unmindful of the

observations made by the learned Single Judge in the impugned

judgment.

(SANDEEP MEHTA),J (AKIL KURESHI),CJ

27to30-jayesh/-

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