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2025 DAILYLAW 12396 (RAJ)

M/S RACHIT ENTERPRISES v. HDFC BANK LIMITED

CW/4567/2025 · 2025-04-28

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4567/2025 1. M/s Rachit Enterprises, Through Proprietor Mr. Rachit Khandelwal S/o Mr. Late Mr. Jugalkishore Khandelwal, Aged About 35 Years R/o E-358-359, Vaishali Nagar, Ward No. 3 Jaipur, 302021 2. Mr. Rachit Khandelwal S/o Mr. Late Mr. Jugalkishore Khandelwal, Aged About 35 Years, R/o E-358-359, Vaishali Nagar, Ward No. 3 Jaipur, 302021 ----Petitioners Versus 1. Hdfc Bank Limited, Through Its Authorized Officer, Having Branch Office At G-41/66/67, Cine Star, Central Spine, Vidhyadhar Nagar, Jaipur, Rajasthan - 302039. 2. Mrs. Anjana Khandelwal W/o Mr. Ram Babu Khandelwal, Aged About 51 Years, R/o E-358-359, Vaishali Nagar, Ward No. 3 Jaipur, 302021 ----Respondents For Petitioner(s) : Mr. Shashaank Bhansali For Respondent(s) : Mr. Vineet Sharma Ms. Neha Sharma JUSTICE ANOOP KUMAR DHAND Order 28/04/2025 1. Admittedly, the impugned order dated 05.03.2025 is appealable before the Debts Recovery Appellate Tribunal (for short ‘DRAT’), but without availing the statutory remedy, the petitioner has approached this Court by way of filing the instant writ petition. 2. The Hon’ble Apex Court in the case of PHR Invent Educational Society vs. UCO Bank and Others reported (2 of 2) [CW-4567/2025] in 2024 (4) SCR 541 has held that whenever any remedy of filing appeal before the DRAT in the matters arising out of DRT Act and SARFAESI Act is available to the aggrieved person, the High Court under Article 226 of the Constitution of India should not entertain such petition. 3. On this count alone, the instant writ petition stands rejected. The stay application and all pending applications, if any, also stand rejected. 4. However, the petitioner would be at liberty to approach the DRAT for redressal of his grievances. 5. In case, the petitioner approaches the DRAT within a period of three weeks from today, it is expected from the DRAT to decide the appeal of the petitioner on its merits, ignoring the period of limitation. 6. In case, any stay application is preferred, that would also be decided within a period of seven days from the date of filing of the same. (ANOOP KUMAR DHAND),J KuD/193