Rajasthan High Court - Jaipur
M/S. Kaishav Sulz Private Limited vs Baroda Rajasthan Kshetriya Gramin Bank on 26 February, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 2777/2019
1. M/s. Kaishav Sulz Private Limited, Regd. Office Shop No.
80, New Cloth Market, Pur Road, Bhilwara, Raj-311001.
Through Shri Matish Vyas, Director, M/s. Kaishav Sulz
Private Limited
2. Matish Vyas S/o Shri Narmada Shankar Vyas, Aged About
40 Years, R/o U-280, Azad Nagar, Bhilara, Th. Bhilara,
Dist. Bhilwara, Rajasthan
3. Smt. Mamta Vyas W/o Shri Matish Vyas, (Guarantor), U-
280, Azad Nagar, Bhilara, Th. Bhilara, Dist. Bhilwara.
4. Smt. Kamla Vyas W/o Shri Narbada Shankar Vyas,
(Guarantor), C-530, Azad Nagar, Bhilara, Th. Bhilara,
Dist. Bhilwara.
----Petitioners
Versus
1. Baroda Rajasthan Kshetriya Gramin Bank, Through
Chairman, Head Office, Citi Plaza, 1St Floor, Vaishali
Nagar, Ajmer 305004
2. Baroda Rajasthan Kshetriya Gramin Bank, Through
Regional Manager, Regional Office, Lokpida Complex, 8
R.c. Vyas Colony, Bhilwara 311001
3. Baroda Rajasthan Kshetriya Gramin Bank, Main Branch
Nagori Garden, Through Manager, Bhilwara
----Respondents
For Petitioner(s) : Mr. Rajeev Surana Adv.
For Respondent(s) : Mr. R.K. Salecha Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
26/02/2019
The instant writ petition has been filed by the petitioners challenging the order dt. 31st January, 2019, passed by the Debt (Downloaded on 06/06/2021 at 03:02:56 AM) (2 of 5) [CW-2777/2019] Recovery Tribunal, Jaipur, whereby the Tribunal has refused to restore the Securitisation Application No. 32/2016. The petitioner has further prayed that the SA No. 32/2016 may be restored and Tribunal be directed to hear the same on the merits.
Counsel for the petitioner-Mr. Rajeev Surana submitted that this Court initially on 18th January, 2017 in S.B. Civil Writ Petition No. 15691/2016 disposed of the writ petition by directing to decide the Securitisation Application No. 32/2016, as the same was pending for consideration before the Debt Recovery Tribunal, Jaipur.
Counsel submitted that the petitioner had again approached this Court by filing S.B. Civil Writ Petition No. 11716/2018 and this Court vide order dt. 29th May, 2018, directed that the school premises of the petitioners shall not be taken over possession nor any seal shall be put on the school only on account of the DRT case having been dismissed in default, wherein restoration application was pending.
This Court also directed that if any seal had already been put on the school premises, the same shall be opened for peaceful functioning of the school. The Presiding Officer, DRT, Jaipur was directed to decide the restoration application on the next date fixed by it i.e. on 1st June, 2018.
Counsel submitted that the restoration application has finally been decided vide order dt. 31 st January, 2019 and the Debt Recovery Tribunal, Jaipur has commented upon negligent attitude of the petitioner by observing that no leniency is required and the miscellaneous application for restoration of SA No. 32/2016 has been dismissed.
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(3 of 5) [CW-2777/2019] Counsel submitted that there is apparent illegality in the order passed by the Debt Recovery Tribunal, Jaipur as the notices which were sent to the petitioner for initiating ex-parte proceedings were not served on the petitioner and only issuance of notice is not enough for drawing ex-parte proceedings. Counsel also submitted that action of the bank has already been declared illegal in first round of litigation in DRT, Jaipur itself vide order dt. 2nd September, 2015 and initiating the subsequent proceedings invoking Section 13(4) of the SARFAESI Act, 2002 is prima-facie illegal. Counsel submitted that this Court has earlier passed two directions and now in the instant petition also, the impugned order is required to be set aside.
Counsel for the respondents-Mr. R.K. Salecha has raised preliminary objection about maintainability of the writ petition. Counsel for the respondents submitted that the order dt. 31 st January, 2019 is an appealable order as per Section 18 of the Act of 2002 and in case the petitioners have any grievance against the order dt. 31st January, 2018, they have efficacious & appropriate remedy before the appellate forum.
Counsel for the respondents submitted that the indulgence shown to the petitioners on two occasions was on account of non availability of regular Presiding Officer at Jaipur and since now the appellate forum is available, the power to decide the validity of order dt. 31st January, 2019, lies with the appellate authority but not with this Court.
I have heard the submissions made by counsel for the parties and perused the material available on record.
This Court finds that the order dt. 31 st January, 2019 is an appelable order and the appellate forum/Debt Recovery Appellate (Downloaded on 06/06/2021 at 03:02:56 AM) (4 of 5) [CW-2777/2019] Tribunal, Delhi is fully competent to look into the correctness of the order passed by the Debt Recovery Tribunal, Jaipur, passed while dismissing the restoration application of the petitioners.
Since the petitioner has remedy for assailing and availing all the grounds before the Appellate Authority, as such this Court may not like to interfere in the order which has been passed by the Debt Recovery Tribunal, Jaipur.
This Court is also conscious of the fact that two orders were passed by this Court in above noted writ petitions where the school premises of the petitioners was allowed to be used and further even the seal which was put on the school, was also ordered to be opened. This Court finds substance in the submission of the learned counsel for the petitioner that the school premises which is being used at present, by permitting the students to undergo study, may result into depriving such student from appearing in the examination which is scheduled from 20 th February, 2019 to 11th March, 2019. Counsel has placed on record the time table/schedule of exams from Class-I to Class-VIII.
This Court considering the earlier orders passed by this Court and keeping in view the welfare of the students, deems it proper to direct the respondents not to take any coercive action against the petitioners till the matter is taken up by the appellate forum. The petitioner is directed to approach the Appellate Forum within a period of 10 days from receipt of copy of order and the Appellate Forum is also directed to take up the appeal and application for interim relief, as expeditious as possible.
The interim arrangement is continued by this Court by virtue of this order to allow the students to undergo the studies and (Downloaded on 06/06/2021 at 03:02:56 AM) (5 of 5) [CW-2777/2019] further to appear in the examination, such arrangement shall continue till the application, to be filed by the petitioner, for the interim relief, is decided.
Accordingly, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J Monika/56 (Downloaded on 06/06/2021 at 03:02:56 AM) Powered by TCPDF (www.tcpdf.org)