India Shelter Finance Co vs Santosh Devi Luhar
2023 Latest Caselaw 2658 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3694/2023

India Shelter Finance Co., Pvt. Ltd. Having Its Regional Office At Branch Shop No. G-04, Prem Bhawan, Pur Road, Near Shani Dev Mandir, Gandhi Nagar, Bhilwara (Raj.) Through Its Authorised Signatory Siddharth Singh.

----Petitioner Versus Santosh Devi Luhar W/o Hardev Luhar, R/o House No. 15, Kalka Colony, Sanganer, Tehsil Bhilwara (Raj.)

----Respondent

For Petitioner(s) : Mr. Arpit Mehta.

For Respondent(s)           :



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                       Order

04/04/2023

This writ petition has been filed by the petitioner aggrieved

of the order dated 28.02.2020 and modified order dated

06.03.2020 (Annex.3) passed by the Permanent Lok Adalat,

Bhilwara ('PLA'), whereby the PLA has decided the application

before it ex-parte and ordered for payment of a sum of Rs.

90,282/- alongwith interest @ 6% p.a. on the said amount w.e.f.

18.01.2019 and has further directed to pay cost of Rs.5,000/-.

Submissions have been made that the order passed by the

PLA is contrary to the facts of the case as well as the circulars of

the Reserve Bank of India and therefore, the order impugned

passed by the PLA deserves to be set-aside.

A perusal of the record indicates that despite service of the

notices in relation to the application made before the PLA, the

(2 of 2) [CW-3694/2023]

petitioner chose not to appeal before the PLA, which after setting

the matter ex-parte, passed the order impugned.

The order was passed way-back on 28.02.2020 and modified

on 06.03.2020. Whereafter also, the petitioner has not questioned

the validity of the order passed by the PLA and / or approached

the PLA by way of application seeking setting aside of the ex-parte

order / judgment.

After three years, this Court has been approached apparently

once the order passed by the PLA has been put into execution. No

where in the petition, it has been indicated that the petitioner was

unaware of passing of the judgment by the PLA.

Having spent over three years, since passing of the

judgment by the PLA and not questioning the same either by filing

application seeking setting aside of ex-parte order or by filing

petition before this Court, laying challenge to the order passed

after passage of over three years, cannot be countenanced. No

explanation worth the name has been indicated in the petition.

The same suffers from unexplained latches.

The writ petition filed by the petitioner is, therefore,

dismissed.

(ARUN BHANSALI), J 67-Rmathur/-

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