M/S Dsb Motors Pvt. Ltd vs Udaipur Urban Coop. Bank Ltd
2022 Latest Caselaw 1162 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 51/2022

1. M/s Dsb Motors Pvt. Ltd., Jamar Kotra Link Road, Hiran Magri Sector No.6, Udaipur, Through- Its Managing Director, Shri Basant Kumar Bakaliya, Aged About 63 Years.

2. M/s Classic Automobiles Pvt. Limited, Jamar Kotra Link Road, Hiranmagri Sector No.6, Udaipur, Through- Its Managing Director, Shri Basant Kumar Bakaliya, Aged About 63 Years.

----Appellants Versus

1. Udaipur Urban Coop. Bank Ltd., Registered Office At 9C-

A, Madhuban Udaipur, Through Its Authorized Officer.

2. Sng Enforcement, 184, Bhupalpura, Main Road, Udaipur.

3. Bhupesh Patel S/o Shri Damodar Patel, 1-Shiv Park, Durga Nursery Road, Udaipur.

4. Sarfraz Sheikh S/o Shri Masood Ahmed Sheikh, 25, Alkapuri, Udaipur.

5. Kuldeep Patel S/o Shri Damodar Patel, 1-Shiv Park, Durga Narsery Road, Udaipur.

----Respondents

For Appellant(s) : Mr. Manoj Bhandari, Senior Advocate assisted by Mr. Aniket Tater (through VC) For Respondent(s) : Dr. Sachin Acharya, Senior Advocate assisted by Mr. Chayan Bothara (through VC)

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

25/01/2022

Heard.

(2 of 2) [SAW-51/2022]

Learned senior counsel Shri Manoj Bhandari, assisted by Shri

Aniket Tater vehemently and fervently urges that pertinent

arguments were advanced on behalf of the appellants- writ

petitioners before the learned Single Bench which were taken note

of at para No.3 of the impugned judgment but were not decided.

Shri Bhandari submits that the impugned judgment does not

stand to scrutiny because the contentions advanced by the

counsel for the petitioners which were based on sound legal

principles and precedents were not dealt with and hence, the

impugned judgment is liable to be reversed.

Learned Senior Counsel Dr. Sachin Acharya, assisted by Mr.

Chayan Bothara vehemently and fervently opposes the

submissions advanced by Shri Bhandari.

Having heard and considered the submissions advanced by

learned counsel representing the parties, we are of the view that

the matter requires consideration.

Issue notice to the respondents.

Dr. Acharya puts in appearance on behalf of the respondent

Nos.3, 4 & 5. Thus, notice be issued to respondents Nos.1 & 2

only.

Till next date, no third party rights shall be created regarding

the property in question. Rule is made returnable on 08.03.2022.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 43-Sudhir Asopa/-

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