M/S SURESH BHUTANI AND CO. v. M/S. RAJASTHAN HIGHWAY SERVICES
WMAP/468/2025 · 2025-11-12
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40124 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40124 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 468/2025 In S.B. Civil Writ Petition No.12901/2025
1. M/s Suresh Bhutani And Co., Through Its Partner Suresh Bhutani (Died During The Pendency), S/o Late Shri Mohanlal Bhutani, Having Its Registered Office At Diggi House, C-Scheme, Jaipur, Rajasthan, Currently Through Its Partner Deepak Bhutani, S/o Late Shri. Suresh Bhutani.
2. Shrimati Shobha Bhutani W/o Late Shri. Suresh Bhutani, Aged About 76 Years, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
3. Deepak Bhutani, S/o Late Shri. Suresh Bhutani, Aged About 52 Years, R/o Diggi House, Shivaji Marg, C- Scheme, Jaipur. ----Petitioners Versus
1. M/s. Rajasthan Highway Services, Through Partner Ram Pratap Singh S/o Late Thakur Shri Narayan Singh Ji, R/o Diggi House, C-Scheme, Jaipur.
2. Late Shri. Suresh Bhutani S/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
3. Sushil Bhutani, S/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
4. Saroj Bhutani, D/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
5. Neerja, D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
6. Nisha, D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
7. Nitu, D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
8. Pooja, D/o Late Shri Suresh Bhutani, R/o Diggi House,
(2 of 3) [WMAP-468/2025] Shivaji Marg, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Prateek Kasliwal For Respondent(s) : Mr. Harshad Kapoor JUSTICE ANOOP KUMAR DHAND
Order 12/11/2025
1. Instant misc application has been submitted seeking extension of time for submitting the undertaking in terms of the order dated 12.09.2025 passed by this Court while deciding S.B. Civil Writ Petition No.12901/2025.
2. Counsel submits that the aforesaid writ petition was
disposed of with the condition that the petitioner would vacate the subject premises on or before 15.09.2026 and would deposit the arrears of the rent within a period of 03 months and would pay monthly rent in the bank account of the respondent by 15th of each successive month. Counsel submits that for the aforesaid purpose, the petitioner was
directed to furnish an undertaking within a period of four weeks from that day. Counsel submits that the petitioner was out of country at the relevant time, hence the required undertaking could not be furnished within the stipulated time as fixed by this Court. Counsel submits that the undertaking has been submitted after a delay of three days. Counsel submits that the delay was bona fide not mala fide, but now the Trial Court is not accepting the undertaking so furnished,
(3 of 3) [WMAP-468/2025] so the time for submitting the undertaking be extended and the delay in filing undertaking be condoned.
3.
Learned counsel appearing on behalf of the respondent has no objection, if time sought for, is granted and if the delay in filing the undertaking is condoned.
4. The instant misc. application stands allowed for the reasons stated therein. Delay in filing undertaking stands condoned. The Trial Court is directed to accept the undertaking furnished by the petitioner in terms of the order dated 12.09.2025 passed by this Court while deciding S.B. Civil Writ Petition No.12901/2025.
5. This order be treated as part and parcel of the order dated 12.09.2025.
(ANOOP KUMAR DHAND),J KuD/158