ARUN KUMAR RAJGARIHA v. PRARTHANA CREATIONS PRIVATE LIMITED
C.M.P./366/2025 · 2025-08-05
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10980 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10980 (JHR) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 366 of 2025
Arun Kumar Rajgariha, S/o Late Sanwar Mull Rajgariah, R/o Albert Ekka Chowk, PO- GPO, PS- Kotwali, District- Ranchi, PIN-834001, State- Jharkhand. ..... .... Petitioner
Versus
1. Prarthana Creations Private Limited having its registered office at 601, Modi Heights II, Opposite All India Radio, Ratu Road, P.O.: Sukhdeo Nagar, P.S.: Sukhdeo Nagar, District: Ranchi, Pin-code: 834001, State: Jharkhand. 2. Shri Vikash Modi son of Ravindra Modi, director of Prarthana Creations Private Limited, resident of Nand Kanan, Lake Avenue, Kanke Road, P.O.: Kanke, P.S.: Gonda, District: Ranchi, Pin-code: 834008, State: Jharkhand. 3. Ghanshyam Rajgariah, son of Late Durga Prasad Rajgariah, resident of Flat No. IE, Block C, Spring Valley Phase II, Lalpur, P.O. & P.S.: Lalpur, District: Ranchi, Pin-code: 834001, State: Jharkhand. 4. Anil Kumar Rajgariah, son of Late Shravan Kumar Rajgariah, resident of Flat no.3D, Block D, Spring Valley Phase II, Lalpur, P.O. & P.S.: Lalpur, District: Ranchi, Pin-code: 834001, State: Jharkhand. 5. Murari Lal Rajgariah, son of Late Sanwar Mull Rajgariah, resident of Flat No. 2D, Block D, Spring Valley Phase II, Lalpur, P.O. & P.S.: Lalpur, District: Ranchi, Pin-code: 834001, State: Jharkhand. 6. Manoj Kumar Rajgariah, son of Late Sanwar Mull Rajgariah, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 7. Dinesh Kumar Rajgaria, son of Late Jugal Kishore Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 8. Sanjay Kumar Rajgaria, son of Late Balgovind Prasad Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin- code: 834001, State: Jharkhand. 9. Vikash Kumar Rajgaria, son of Late Raj Kishore Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 10. Krishna Kumar Rajgaria, son of Late Vinod Kumar Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 11. Vijay Kumar Rajgaria, son of Late Vinod Kumar Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 12. Urmila Kedia, daughter of Late Ashok Kumar Rajgarhia, resident of Flat No. 101, Rishab Apartment, O.B.C. Lane, Near Raymond Showroom, Opp. Vendor Market, P.O.: GPO, P.S.: Sadar, Kutchery Road, District: Ranchi, Pin-code: 834001, State: Jharkhand. 13.
Roshni Jalan, daughter of Late Ashok Kumar Rajgarhia, C/o Bijay Jalan, Advocate, resident of Aroma palace, 2nd Floor, Firayalal By lane, Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 14. Binay Rajgarhia, son of Late Ashok Kumar Rajgarhia, resident of Flat No. 101, Rishab Apartment, O.B.C. Lane, Near Raymond Showroom, Opp. vendor Market,
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P.O.: GPO, P.S.: Sadar, Kutchery Road, District: Ranchi, Pin-code: 834001, State: Jharkhand. 15. Harshita Rajgaria, daughter of Late Mahesh Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 16. Himanshi Rajgaria, daughter of Late Mahesh Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 17. Devansh Rajgaria, son of Late Mahesh Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State: Jharkhand. 18. Sushila Rajgarhia, wife of Late Ashok Kumar Rajgariah resident of Flat No. 101, Rishab Apartment, O.B.C. Lane, Near Raymond Showroom, Opp. vendor Market, P.O.: GPO, P.S.: Sadar, Kutchery Road, District: Ranchi, Pin-code: 834001, State: Jharkhand. 19. Sangita Rajgaria, wife of Late Mahesh Rajgaria, resident of Albert Ekka Chowk, Main Road, P.O.: GPO, P.S.: Kotwali, District: Ranchi, Pin-code: 834001, State- Jharkhand. 20. Ranchi Municipal Corporation, having its office at Kutchery Road, PO- GPO PS- Kotwali, District- Ranchi, Jharkhand, 834001 ..… …. Opposite parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Mr. Jitendra Kumar Pasari, Advocate
Mr. Avinash Kumar Pasari, Advocate For the O.P. 3 to 12, 14 & 19 : Mr. Vibhor Mayank, Advocate For the RMC
: Mr. Shashank Shekhar, Advocate
: Mr. Kabir, Advocate
------ 07 / Dated : 18.08.2025.
Counsel on the opposite parties seeks some typographical error in the final order passed in the instant case by the Court.
Mr. Vibhor Mayank, learned counsel for the Opp. Party(s) submits that he had not appeared on behalf of Opp. Party Nos.1 and 2 rather he was appearing on behalf of Opp. Parties Nos.3 to 12, 14 and 19. Therefore, statement made in cause title, para 11 of the final order dated 05.08.2025 passed by this Court stating that he was appearing on behalf of OP No.1 &2 was an error of record and therefore need to be corrected accordingly.
It is further submitted that the case of the Opp. Party(s) was for adjudication by the Arbitrator and the same has inadvertently typed in Para-12 of the order dated 05.08.2025 passed in this case that it was argued on their behalf cannot be adjudicated by the Arbitrator.
I find that there is merit in the plea that Mr. Vibhor Mayank, was not appearing on behalf of OP No.1&2. From the office note dated 02.08.2025, it appears that notices were validly served upon Opp. Party Nos.1 &2 and consequently the instant
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CMP was heard ex-parte as against the Opp. Party Nos.1 and 2. Therefore, in the final order dated 05.08.2025 passed by this Court name of Mr. Vibhor Mayank as appearing on behalf of OP No.1&2 stands deleted, both in cause title of the final
order, as well as in para-11.
Further, the civil miscellaneous petition was against the order referring the matter for arbitration, which was contested by the opposite parties. Therefore, it has been rightly pointed out that in para 12 instead of “can” , “can not” has been wrongly typed. Under the circumstance can not appearing in Para-12 be read as can. As such, order dated 05.08.2025 passed in this case is modified as under: I. In the cause title of the order in place of for the O.P. 1 and 2 before Vibhor Mayank be read as Opp. Parties Nos.3 to 12, 14 and 19. II. In para 11 in place of Opposite party no.1 and 2, be read Opp. Parties Nos.3 to 12, 14 and 19. III. In para 12 in place of cannot be read can. IV. In para-15 in place of counsel on behalf of Opposite party no.1 and 2, be read Opp. Parties Nos.3 to 12, 14 and 19.
Let this order form part of the original order.
[Gautam Kumar Choudhary, J.] Sandeep/