[2025:RJ-JP:7875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 24/2023 In S.B. Arbitration Application No.91/2021 1. M/s Shree Seco (P) Limited, A Company Incorporated And Registered Under The Provisions Of Indian Companies Act, 1956 Having Its Registered Office At E-89, Lal Bahadur Nagar, West, S.l. Marg, Durgapura, Jaipur- 302018 Through Its Director Shri Vijay Khemka. 2. M/s Dkg Township And Developers, A Registered Partnership Firm Having Its Office At B-135, Vijay Path, Tilak Nagar, Jaipur-302004 Through Its Partner Shri Vijay Khemka. ----Petitioners Versus M/s Adarsh Buildstate Ltd., Having Its Registered Office At Vatika Atrium, Block-B, 410, Ivth Floor, Golf Course Road, Sector-53, Gurugram-122002 (Haryana) Also At Adarsh Buildestate Ltd. 10Th Floor Tower-9B, Dlf Cyber City, Phase-Iii, Gurugram- 122002(Haryana) Adarsh Buildestate Ltd. D-123, 1St Floor, Grace Complex, Near Lazeez Restaurant, Janpath, Shyam Nagar, Jaipur-302019 Adarsh Buildestate Ltd. 4Th Floor, 406, Elements Mall, Dcm, Ajmer Road, Jaipur-302021 Adarsh Buildestate Ltd. Through Its Director Shri Ishwar Singh Sindhal, Resident Of 190/191, Adarsh Nagar, Sirohi-307001 Rajasthan. ----Respondent For Petitioner(s) : Mr. Ashish Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/02/2025 1. Applicants have not ensured service of the non-applicant on this application nor the application to effect service upon respondent through substituted mode has been filed despite giving opportunity to the applicant vide order dated 10.01.2021. [2025:RJ-JP:7875] (2 of 2) [CMAP-24/2023] 2. By way of filing instant Civil Misc. Application, applicant prays to recall the order dated 15.09.2022 whereby and whereunder S.B. Arbitration Application No.91/2021 was dismissed as not press in view of the fact that claim raised by the applicant through arbitration application is pending before interim resolution professional Mr. Jai Prakash Rawat under the proceedings of Insolvency and Bankruptcy Code, 2016. 3. Indisputably, proceedings are yet pending and there is no change in circumstances, hence, application is misconceived and same is hereby dismissed. 4. However, in case, after conclusion of the proceedings under the IBC, 2016, any cause of action survives, applicant would be at liberty to take appropriate remedy available in law. (SUDESH BANSAL),J NITIN /7