Citation : 2022 Latest Caselaw 660 Raj/2
Judgement Date : 25 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1212/2022
M/s. International Asset Reconstruction Company Pvt. Ltd.
----Petitioner
Versus
Xlo India Ltd.
----Respondent
For Petitioner(s) : Mr. Sudhir Gupta, Senior counsel assisted by Mr. Umang Gupta, through V.C.
Mr. R.P. Agarwal, through V.C.
Ms. Sweta Chouhan, through V.C.
Mr. Varun Gupta, through V.C.
Ms. Priyal Modi, through V.C.
For Respondent(s) : Mr. M.S. Singhvi, Senior Advocate assisted by Ms. Suruchi Kasliwal and Mr. Sheetanshu Sharma, through V.C. Mr. Vikram Singh, through V.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
25/01/2022
Learned Senior counsel appearing on behalf of the petitioner
submits that by way of this writ petition the petitioner has
challenged the judgment dated 27.12.2021 passed by DRT, Jaipur.
Learned senior counsel further submits that DRAT is not
functioning due to non-appointment of Chairperson, therefore, this
writ petition has been filed.
Counsel further submits that DRT while passing the
judgment dated 27.12.2021 questioned the legality of original
judgment passed by DRT dated 17.03.2008. Counsel further
submits that appeal filed by the respondent(s) against the original
judgment and decree dated 17.03.2008 has been dismissed by
(2 of 2) [CW-1212/2022]
DRAT vide order dated 25.02.2014, therefore, the judgment and
decree dated 17.03.2008 has attained finality.
In my considered view, the matter requires consideration.
Issue notice to respondent Nos. 3 & 4, returnable on
07.03.2022.
Ms. Suruchi Kasliwal, Adv., accepts notice on behalf of
respondent Nos. 1 & 2.
List this matter for final disposal on 07.03.2022.
Meanwhile, operation of the judgment dated 27.12.2021
(Annexure-1) passed by DRT, Jaipur shall remain stayed.
Mr. Sudhir Gupta, learned senior counsel appearing on behalf
of the petitioner undertakes not to initiate further recovery
proceedings in this matter.
(INDERJEET SINGH),J
CHETNA BEHRANI /73
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