Rajasthan High Court - Jaipur
Priya Baheti W/O Shri Vishnu Bheti vs Iifl, Home Finance Ltd on 8 September, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4259/2020
Priya Baheti W/o Shri Vishnu Bheti, Aged About 38 Years,
Resident Of E-113/1, Sector 11, Pratap Nagar, Tonk Road, Jaipur
(Raj.)
----Petitioner
Versus
1. Iifl, Home Finance Ltd., 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 Director
Giriraj Ratan Daga
........Respondents
3. Shri Anant Agarwal S/o Ram Rakh Agarwal, Aged About 60 Years, R/o 91-53, Pratap Nagar, Housing Board, Tonk Road, Sanganer, Jaipur
4. Smt. Uma Joshi, W/o Sh. Sudhir Kumar Joshi, Aged About 65 Years, R/o 205, Sterling Apartments, B-6B Prithvi Raj Road, C-Scheme Jaipur
5. Shri Anural Williamson, S/o Lt. Sh. Dixon Williamson, Aged About 52 Years, R/o Plot 40/51, Sector-40 Swarn Path Mansarover, Jaipur
6. Sh. Anurodh Sharma, S/o Sh. Ram Swaroop Sharma, Aged About 48 Years, 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, Aged About 64 Years, R/o Plot No. 71, Deshbandhu Nagar, Opp. Galta Gate, Bus Stand Jaipur
8. Shri Deepak Kalani, S/o Shri Nandkishore Kalani, Aged About 43 Years, R/o 119/247, Agarwal Farm, Mansarover, Jaipur
9. Krishna @ Umar Sharma, S/0 Lt. Sh. Br Sharma, Aged About 72 Years, R/o 99, Century Homes, Patrakar Colony, Jaipur
10. Sh. Devesh Kumar Jain S/o Sh. Ambresh Kumar Jain, (Downloaded on 09/09/2022 at 12:06:54 AM) (2 of 4) [CW-4259/2020] Aged About 22 Years, R/o Plot No. 13, II Floor Roop Nagar First, Arjun Nagar Phatak, Gopal Pura By Pass, Jaipur
11. Smt. Abha Kaushik, W/o Sh. Arvin Kaushik, Aged About 53 Years, R/o Plot No. 4 Tilak Marg, C-Scheme, Jaipur.
12. Sh. Arvind Kaushik, S/o Sh. Mohan Singh Kaushik, Aged About 56 Years, R/o Plot No. 4 Tilak Marg, C-Scheme, Jaipur
13. Mr. Puneet Bhargava S/o Sh. Rishi Bhargava, Aged About 49 Years, R/o C-32, Peeyush Path, Bapu Nagar, Jaipur
14. Smt. Supriya Somani W/o Sh. Suresh Chandra Somani, Aged About 35 Years, R/o 74, Prem B/29, Rajendra Marg, Bapu Nagar, Jaipur
15. Sh. Ashok Kumar Jain-Huf, S/o Sh. Lt. Ratan Lal Jain, Aged About 54 Years, R/o Plot No. 36 Bajaj Nagar Enclave, Jaipur
16. Smt. Kusum Jain W/o Sh. Tc Jain, Aged About 71 Years, R/o C-22/1, B.d. Road, Jaipur
17. Sh. Piyush Garg S/o Sh. Mukesh Chand Garg, Aged About 26 Years, 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 Shri Piyush Swami, Aged About 26 Years, R/o Plot No. A-201, Kewal Marg, Shiv Nagar, Murlipura, Jaipur
20. Sh. Hanuman Sharma S/o Shri Atmaram Sharma, Aged About 38 Years, R/o A/p 103 Anand Heights Apartments, Anand Vihar Railway Colony, Jagatpura Jaipur. The Above Mentioned Applicants Have Authorized Smt. Laxmi Debts Recovery Sharma And Smt. Radha Manwani As Authorized Representative /signatory Duly Signed Letter Of Authorization In Their Favour
21. Smt. Radha Manwani W/o Shri Bhagwan Manwani, Aged About 68 Years, R/o D-12, Jyoti Nagar, Jaipur
22. Smt. Laxmi Sharma, W/o Sh. Subhash Chandra Sharma, Aged About 53 Years, 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 (Downloaded on 09/09/2022 at 12:06:54 AM) (3 of 4) [CW-4259/2020] Authorized Signatory Smt. Laxmi Sharma And Smt. Radha Manwani
24. M/s Shri Hith Raghav Enterprises Private Limited, Having Registered Office At 108, Shivgyan Avenue, 2 Yudhisther Marg, C-Scheme Jaipur 302005 Through Its Authorised Signatory Smt. Laxmi Sharma And Smt. Radha Manwani
25. M/s Bia Consultants Privato Limited, Having Its Registered Office At 107, Shivgyan Avenue, 2 Yudhisther Marg, C- Scheme Jaipur 302005 Through Its Authorized Signatory Authorized Signatory Smt. Laxmi Sharma And Smt. Radha Manwani
----Proforma-Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Akshat Kulshrestha HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 08/09/2022 None present for the petitioner even in the second round.
None was present for the petitioner on last date i.e. on 02.09.2022 whereupon, the matter was posted for today granting him one more opportunity to present his case.
Learned counsel for the respondent No.1 submits that the instant writ petition is not maintainable as it is directed against the order dated 27.12.2019 passed by the learned Debts Recovery Tribunal, Jaipur (for brevity, "DRT") whereby, the prayer for interim relief in pending securitization application, has been declined.
He submits that this Court has, vide its order dated 01.09.2022 in S.B. Civil Writ Petition No.4568/2020; Surbhi Mehta Vs. IIFL Home Finance Ltd. & Ors. and other connected matters involving identical controversy, dismissed the writ petitions (Downloaded on 09/09/2022 at 12:06:54 AM) (4 of 4) [CW-4259/2020] preferred against order of the learned DRT in view of availability of the remedy of statutory appeal under section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for the brevity, "the Act of 2002"). He also relied upon the order dated 30.06.2020 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.4831/2020; Shri Anant Agarwal Vs. IIFL Home Finance Ltd. & Ors., in this regard.
Heard learned counsel and perused the record.
This writ petition has been filed assailing the order dated 27.12.2019 passed by the learned DRT in a securitization application. The petitioner has a remedy of statutory appeal under Section 18 of the Act of 2002 against the order impugned and the writ petition is bereft of any averment as to why the writ jurisdiction of this Court has been invoked without exhausting the alternative remedy of statutory appeal.
In view thereof, this Court is not inclined to entertain this writ petition which is dismissed for availability of alternative remedy of statutory appeal to the petitioner.
The pending application also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J Sudha/31 (Downloaded on 09/09/2022 at 12:06:54 AM) Powered by TCPDF (www.tcpdf.org)