Rajasthan High Court - Jaipur
Shri Anant Agarwal S/O Ram Rakh Agarwal vs Iifl Home Finance Ltd on 30 June, 2020
Author: Manoj Kumar Vyas
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4831/2020
Shri Anant Agarwal S/o Ram Rakh Agarwal, Aged About 60
Years, R/o 91 - 53, Pratap Nagar, Housing Board, Tonk Road,
Sanagner, Jaipur
----Petitioner
Versus
1. Iifl Home Finance Ltd., Having Its Branch Office At
Ambition Tower, Office No. 307-312, 3Rd Floor Agrasen
Circle C- Scheme Jaipur Rajasthan Through Its Authorized
Signatory Shri Jangsher Khan.
2. Radha Krishna Buildtech Private Limited, Having Its
Registered Office At E- 92, Coral Castle, Subhash Marg C-
Scheme Jaipur - 302001 Rajasthan Through Its Directors
Giriraj Ratan Daga.
---Respondents
3. Smt. Uma Joshi W/o Sh. Sudhir Kumar Joshi, R/o 205,
Sterling Apartments, B-6B Prithvi Raj Road, C-Scheme
Jaipur.
4. Smt. Priya Baheti W/o Sh. Vishnu Baheti, R/o E-113/1,
Sector-11, Pratap Nagar, Tonk Road, Jaipur.
5. Sh. Anurakt Williamson S/o Lt. Sh. Dixon Williamson, R/o
Plot 40/51, Sector- 40 Swarn Path Mansarover, Jaipur.
6. Sh. Anurodh Sharma S/o Sh. Ram Swaroop Sharma, R/o
Flat No. 203, Golden Jewels, Plot No. 83, Ganesh Marg,
Bapu Nagar, Jaipur.
7. Smt. Nirmala Maheshwari W/o Lt. Sh. Jagdish Narain
Maheshwari, R/o Plot No. 71, Deshbandhu Nagar, Opp.
Galta Gate, Bus Stand, Jaipur.
8. Sh. Deepak Kalani S/o Sh. Nand Kishore Kalani, R/o
119/247, Agarwal Farm, Mansarover, Jaipur.
9. Sh. Krishna Kumar Sharma S/o Lt. Sh. Br Sharma, R/o
99, Century Homes, Patrakar Colony, Jaipur
10. Sh. Devesh Kumar Jain S/o Sh. Ambresh Kumar Jain, R/o
Plot No. 13, Iind Floor Roop Nagar First, Arjun Nagar
Phatak, Gopalpura Bypass, Jaipur.
11. Smt. Abha Kaushik W/o Sh. Arvin Kaushik, R/o Plot No. 4
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Tilakmarg, C-Scheme, Jaipur.
12. Sh. Arvind Kaushik S/o Sh. Mohan Singh Kaushik, R/o
Plot No. 4 Tilak Marg, C-Scheme, Jaipur.
13. Sh. Puneet Bhargava S/o Sh. Rishi Bhargava, R/o C-32,
Peeyush Path, Bapu Nagar, Jaipur.
14. Smt. Supriya Somani W/o Sh. Suresh Chandra Somani,
R/o 74, Prem B/29, Rajendramarg, Bapu Nagar, Jaipur.
15. M/s Ashok Kumar Jain Huf S/o Sh. Lt. Ratan Lal Jain,
Through Its Co-Parcener Smt. Abha Jain R/o Plot No. 36
Bajaj Nagar Enclave, Jaipur.
16. Smt. Kusum Jain W/o Sh. Tc Jain, R/o C-22/1, B.d. Road,
Jaipur.
17. Sh. Piyush Garg S/o Sh. Mukesh Chand Garg, R/o E-114,
Vaishali Nagar E-Block, Jaipur.
18. Sh. Praveen Batra S/o Shri Shravan Kumar Batra, R/o
4/168, Jawahar Nagar, Jaipur-302004.
19. Smt. Nishita Swami W/o Shripiyush Swami, R/o Plot No.
A-201, Kewalmarg, Shiv Nagar, Murlipura, Jaipur
20. Sh. Hanuman Sharma S/o Shri Atmaram Sharma, R/o A/p
103 Anand Heights Apartments, Anand Vihar Railway
Colony, Jagatpura Jaipur
21. Smt. Radha Manwani W/o Shri Bhagwan Manwani, R/o D-
12, Jyoti Nagar, Jaipur.
22. Smt. Laxmi Sharma W/o Sh. Subhash Chandra Sharma,
R/o F-53, Lal Bahadur Nagar, Jln Marg, Jaipur.
23. M/s Hith Consulting Private Limited, Having Its Registered
Office At Flat No. G-4, Plot No. 2, Shivgyan Avenue,
Yudhisther Marg, C- Scheme Jaipur 302005 Through Its
Authorised Signatory Narendra Kumar Agarwal
24. M/s Shri Hith Raghav Enterprises Private Limited, Having
Its Registered Office At 108, Shivgyan Avenue, 2
Yudhisther Marg, C-Scheme Jaipur 302005 Through Its
Authorized Signatory Narendra Kumar Agarwal
25. M/s Bia Consultants Private Limited, Having Its Registered
Office At 107, Shivgyan Avenue, 2 Yudhisther Marg, C-
Scheme, Jaipur 302005 Through Its Authorised Signatory
Authorised Signatory Narendra Kumar Agarwal.
----Proforma Respondents
For Petitioner(s) : Mr. Ankit Totuka
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For Respondent(s) : Mr. Akshat Kulshrestha for respondent
No.1 HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 30/06/2020 Heard learned counsel for the petitioner. Learned counsel for respondent No.1 is also present. Learned counsel for petitioner submits that by the impugned order dated 27.12.2019, Debt Recovery Tribunal, Jaipur has declined the prayer of interim relief against the impugned order, at Annexure-1 dated 27.12.2019. This writ petition has been filed for quashing and setting aside the impugned order passed by learned Presiding Officer, DRT, Jaipur in SA No.329/2019 and to grant the interim relief pending adjudication of the present SA before the learned DRT, Jaipur against actual and physical dispossession on the basis of impugned order dated 22.10.2019 passed by learned Chief Metropolitan Magistrate.
Learned counsel for the petitioner submits that in similar matter such orders have been passed, while learned counsel for respondent No.1 submits that the petitioner has an alternative efficacious statutory remedy of appeal under Section 18 of the Securitisation and Reconstruction of Financial Assests and Enforcement of Securities Interest Act, 2002 (for short "the Act of 2002") before the Debts Recovery Appellate Tribunal against the order passed by the DRT, Jaipur.
Learned counsel for petitioner has not controverted this legal position that Section 18 of the Act of 2002 provides for appeal before Appellate Tribunal against the impugned order (Downloaded on 30/06/2020 at 08:52:23 PM) (4 of 4) [CW-4831/2020] passed by the DRT, Jaipur. No extra ordinary or exceptional circumstances have been pointed out by learned counsel for the petitioner for exercise of extra ordinary jurisdiction of this Court. Hence, no interim order is required to be passed at this stage.
In view of the legal position that the petitioner has alternative efficacious remedy under Section 18 of the Act of 2002 against the impugned order passed by DRT, Jaipur, the petitioner can approach the Appellate Tribunal for appropriate remedy as prescribed by the act of 2002. Hence, this writ petition is liable to be rejected only on this ground at this stage.
With the above observations, this writ petition is dismissed.
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