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2025 DAILYLAW 32049 (RAJ)

M/S SAND DUNE CONSTRUCTIONS PVT. LTD v. MRS. KHUSHBOO DADHICH W/O MR. VIKAS SHARMA

CW/17954/2023 · 2025-04-29

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:18049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17954/2023 1. M/s Sand Dune Constructions Pvt. Ltd, Having Office At Karan Heights, Lal Kothi, Behind Vidhan Sabha, Tonk Road, Jaipur Through Its Authorized Signatory Mr. Ravi Mathur R/o House No. A-8, Shyam Nagar, Sodala, Jaipur. 2. Ravi Mathur S/o Shri R.b. Mathur, R/o House No. A-8, Shyam Nagar, Sodala, Jaipur. ----Petitioners Versus 1. Mrs. Khushboo Dadhich W/o Mr. Vikas Sharma, R/o House No. 62/25, Pratap Nagar, Sanganer, Jaipur, Rajasthan. 2. Suman Rawat W/o Shri Ghyansham Rawat, Aged About 53 Years, R/o A-402, Jewels Of India, Rajendra Marg, Jaipur, Rajasthan. 3. Union Bank Of India Limited, Having Its Branch Office At Union Bank Of India, Station Road Branch, Kalyan Bhawan, Sindhi Camp, Station Road, Jaipur, Rajasthan Through Its Authorized Officer. ----Respondents For Petitioner(s) : Mr. J.P. Goyal-Sr. Advocate Mr. Harish Agarwal For Respondent(s) : Mr. A.K.Sharma-Sr. Advocate with Mr. Madhav Dadhich Mr. Ashok Mehta-Sr. Advocate Mr. Anshuman Saxena JUSTICE ANOOP KUMAR DHAND Order 29/04/2025 1. It is apprised at Bar that securitisation application submitted by the petitioner is pending for adjudication before the Debt Recovery Tribunal (for short, ‘the DRT’). The petitioner approached this Court in the month of December, 2023 when the post of Presiding Officer was lying vacant, hence under those [2025:RJ-JP:18049] (2 of 2) [CW-17954/2023] circumstances, the petition was filed and an interim order was passed by this Court restraining the respondent-Bank from taking physical possession of property. Now the Presiding Officer has been posted and DRT is functioning. 2. Keeping in view the above facts and circumstances of the present case, this Court deems it just and proper to dispose of this present writ petition by issuing a direction to the DRT to decide the pending securitisation application expeditiously, preferably within a period of thirty days from the date of receipt of the certified copy of this order. 3. The petitioners would be at liberty to file appropriate stay application seeking interim order from the DRT and the DRT would decide the same in accordance with law. For filing an application seeking interim protection, the order passed by this Court on 08.12.2023 will continue for a period of ten days only, thereafter, the DRT would decide the interim application on its merit and make all possible endeavour to decide the main securitisation application expeditiously as early as possible, preferably within a period of thirty days. 4. It is made clear that DRT would decide the interim application as well as main securitisation application on the basis of the merits and arguments of both sides without being influenced by any of the observation made by this Court in its order dated 08.12.2023. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/3