SHAKUNTALA SARASWAT W/O SHRI KAILASH CHAND SARASWAT v. BANK OF BARODA
WRES/521/2025 · 2025-08-28
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27362 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27362 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:34338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Restoration Application No. 521/2025
1. Shakuntala Saraswat W/o Shri Kailash Chand Saraswat, Aged About 62 Years, R/o 827-A, Vaishnav Chhatravaas Ke Samne, Subhash Nagar, Khanpur Road, Ajmer, District Ajmer (Raj.)
2. Kailash Chand Saraswat S/o Shri Chauthmal Saraswat, Aged About 65 Years, R/o 827-A, Vaishnav Chhatravaas Ke Samne, Subhash Nagar, Khanpur Road, Ajmer, District Ajmer (Raj.) ----Petitioners Versus
1. Bank of Baroda, C-26, G-Block, B.c.c. Mumbai- 400052, Through Its Managing Director.
2. President, Bhartiya Jivan Bima Niyamak And Vikas Pradhikaran (I.r.d.a.i.), Sy No. 115/1, Vittiya, District Nanankpura Guda, Gachi Bovli, Hydrabad.
3. Chief Manager, Indian First Life Insurance Company Limited, 12Th And 13Th Floor, North (C), Wing Tower, Nesco It Park, Nesco Center Western Express Highway, Goregaon, (E) Munbai.
4. Branch Manager, Indian First Life Insurance Company Limited, P.r. Marg, Ajmer (Raj.)
5. Chief Manager, Bank Of Baroda (Hrm) Department, Baroda Corporate Center, C-26, G Blolck, Bandra Kurla Complex, Bandra (E), Mumbai- 400051.
6. Chief Manager, Bank Of Baroda, Regional Head, 241 Cap. Durga Prasad Choudhary Marg, Annasagar Circular Road, Vaishali Nagar, Ajmer (Raj.). ----Respondents For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 28/08/2025 Heard on restoration application.
Learned counsel for the petitioner submits that on account of not submitting the PF and Notices to service upon respondents
[2025:RJ-JP:34338] (2 of 2) [WRES-521/2025] No.2, 5 & 6, by issuing pre-emptory order dated 02.04.2025, the petitioner was directed to do needful within a period of three months, failing which the writ petition was required to be dismissed automatically without further reference to this Court.
Learned counsel for the petitioner also submits that on account of bona fide reasons, counsel for the petitioner was not present before the Court, therefore, he had no knowledge with regard to aforesaid pre-emptory order and on account of non- compliance of such pre-emptory, formal dismissal was recorded by Registrar (Judicial) on 08.05.2025.
Learned counsel for the petitioner undertakes to file PF and Notices of respondents No.2, 5 & 6 in the original writ petition within 7 days. In the light of facts stated in the Application and on the basis of undertaking given by the petitioner to file the needful PF and Notices, restoration application is allowed. The writ petition filed by the petitioner is restored to its original number.
(ANAND SHARMA),J DIVYA /38