Brahmani Trading Company vs State Bank Of India ...
2025 Latest Caselaw 11546 Raj

Rajasthan High Court - Jodhpur

Brahmani Trading Company vs State Bank Of India ... on 16 April, 2025

[2025:RJ-JD:18627-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 D.B. Civil Misc. Appeal No. 583/2025

1.       Brahmani Trading Company, through owner Saheb Ram
         son of Brijlal, aged 52 years, resident of Ward No.01,
         Sherpur, Tehsil Lunkaransar, District Bikaner.
2.       Saheb Ram son of Brijlal, aged about 52 years, R/o Ward
         No.01, Sherpur, Tehsil               Lunkaransar, District Bikaner.
         (Rajasthan)
                                                                      ----Appellants
                                        Versus
State Bank of India, Corporate Centre, State Bank Bhawan,
Nariman      Point,     Mumbai          Branch      Mahajan         through   Branch
Manager Kuldeep Singh Punia, son of Nourang Lal Punia resident
of Birani, Tehsil Bhadra, District Hanumangarh (Rajasthan)
                                                                     ----Respondent


For Appellant(s)             :     Mr. Om Rajpurohit, Adv.
For Respondent(s)            :     --



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

16/04/2025

Challenging the order dated 04th January 2025 passed by the

Commercial Court, Mr. Om Rajpurohit, the learned counsel for the

appellants has approached this Court.

2. As recorded in the paragraph no.3 of the judgment dated

04th January 2025, the appellant-company could not file its

affidavit within 10 days as prescribed under Order XXXVII of the

Code of Civil Procedure and, accordingly his defence was closed

and the matter was posted for pronouncement of judgment.

3. In the aforesaid circumstances, after arguing for some time,

the learned counsel for the appellant-company seeks permission

[2025:RJ-JD:18627-DB] (2 of 2) [CMA-583/2025]

to withdraw this Civil Misc. Appeal with liberty to the appellant

company to deposit the decretal amount within a period of three

months.

4. Having regard to the peculiar facts and circumstances of the

case, D.B. Civil Misc. Appeal No. 583/2025 stands disposed of with

a direction to the appellant-company to deposit the decretal

amount within a period of three months, failing which the

execution proceeding, if led by the decree-holder shall proceed.

(SUNIL BENIWAL),J (SHREE CHANDRASHEKHAR),J

27-Ravi Khandelwal

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