GANPATI PACKAGING INDUSTRIES v. AU SMALL FINANCE BANK LIMITED
CW/5588/2025 · 2025-04-17
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14376 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14376 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5588/2025 Ganpati Packaging Industries, Having Its Registered Address At S-33-34, Shanti Niketan, Vivek Vihar, New Sanganer Road, Jaipur-302019-(Rajasthan), India, Through Authorized Signatory Shri Rajesh Gupta. ----Petitioner Versus
1. Au Small Finance Bank Limited, Through Its Branch Manager, 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur - 302001 (Rajasthan)
2. Kisetsu Saison Finance (India) Private Limited, Through Its Branch Manager, Indiqube Lexington Tower, First Floor, Taverakere Main Road, S.g. Palya Bangalore, Karnataka, India 560 029
3. Ugro Capital Limited, Through Its Branch Manager, Equinox Business Park, Tower 3, 4Th Floor, Off Bkc, Lbs Road, Kurla, Mumbai - 400 070
4. Smfg India Credit Co. Limited, Through Its Branch Manager, 10Th Floor, Office No. 101, 102 And 103, 2 North Avenue, Maker Maxity, Bandra (E), Mumbai - 400 051
5. Aditya Birla Finance Limited, Through Its Branch Manager, One Indiabulls Centre, Tower 1, 18Th Floor, Jupiter Mill Compound 841, Senapati Bapat Marg, Elphinstone Road, Mumbai 400 013
6. Hdfc Bank Limited, Through Its Branch Manager, Hdfc Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai - 400 013
7. Small Industries Development Bank Of India, Through Its Branch Manager, Sidbi Tower, 15, Ashok Marg, Lucknow - 226 001, Uttar Pradesh
8. Protium Finance Limited, Through Its Branch Manager, Nirlon Knowledge Park (Nkp) B2, Seventh Floor, Pahadi Village, Office The Western Express Highway, Cama Industrial Estate, Goregaon (E), Mumbai, Maharashtra - 400063
9. Netzero Finance Private Limited, (Formally Known As
(2 of 4) [CW-5588/2025] Aarem Finance Private Limited) Through Its Branch Manager, R City Offices, 8Th Floor, Lbs Marg, Ghatkopar (West), Mumbai - 400 086
10. Electronica Finance Limited, Through Its Branch Manager, Audumbar, 101/1, Erandawane, Dr. Ketkar Road, Pune 411 004
11. Reserve Bank Of India, Through Governor , Shahid Bhagat Singh Road , Fort, Mumbai - 400 001
12. The Union Of India, Department Of Financial Services ,ministry Of Finance , Represented By Secretary, Department Of Financial Services, Ministry Of Finance, 3Rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi - 110 001
13. Ministry Of Micro Small And Medium Enterprises, Represented By Secretary, Udhyog Bhawan, Rafi Marg, New Delhi ----Respondents For Petitioner(s) : Mr. Punit Singhvi through VC Mr. Pranav Bhansali Ms. Gaurika Bansali Mr. Ayush Singh Mr. Ajay Sharddha Mehta For Respondent(s) : Mr. Sanjay Mehla-Sr. Counsel with Ms. Sunita Mehla Mr. Peush Nag Mr.
Avinash Kumbhaj JUSTICE ANOOP KUMAR DHAND
Order 17/04/2025
1. A limited prayer has been made by the counsel for the petitioner for issuing a direction to the respondents (Bank/Finance Company) to decide the application submitted by the petitioner in pursuance of the Clause 5 of the notification dated 29.05.2015.
2. Counsel for the petitioner submits that the application submitted by the petitioner in the month of March, 2025 has not
(3 of 4) [CW-5588/2025] been decided by the respondents by passing a reasoned and speaking order. Counsel submits that the respondents are bent upon to take coercive action against the petitioner, so in the fitness of the facts and circumstances of the case, appropriate direction be issued to the respondents to decide that application first before taking any coercive action against the petitioner.
3.
Learned counsel appearing for the Union of India and respondent Nos. 3 and 4 oppose the prayer and submit that till date, no coercive action has been taken against the petitioner and this petition is premature and the same is liable to be rejected on this count alone.
4. Heard and considered the submissions made at Bar and perused the material available on record.
5. Without entering into the controversy involved in the matter and looking to the fact that the application submitted by the petitioner before the respondents are still lying pending for adjudication, it is expected from the respondents to decide the same by passing a reasoned and speaking order.
6. In view of the above, the present writ petition stands
disposed of with direction to the respondents to decide the application filed by the petitioner expeditiously as early as possible, preferably within a period of two weeks from the date of receipt of the certified copy of this order. The respondents are restrained to take any coercive action against the petitioner for a period of two weeks.
7. Needless to observe that this Court has not issued any order or directions to the respondents to decide the application of the
(4 of 4) [CW-5588/2025] petitioner in a particular way, the respondents would be at liberty to decide the same strictly in accordance with law.
8. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/34