SSARVI RESOLUTION SERVICES LLP (RESOLUTION PROFESSIONAL) v. S4 AVIATION AND LOGISTICS INC
CW/966/2025 · 2025-02-24
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4065 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4065 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:8139] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 966/2025 Ssarvi Resolution Services Llp (Resolution Professional), Through Its Authorized Signatory Shri Prashant Jain Having Address At B- 610, Bsel Tech Park, Sector 30A, Near Vashi Station, Vashi Navi Mumbai - 400703 ----Petitioner Versus
1. S4 Aviation And Logistics Inc, 8601 Park Lane 313 Dallas, Texas, Usa, United States Of America Through Its Authorized Signatory Beekesh Choudhary S/o Shri Brij Nandan Choudhary Age 26 Years, R/o Devdha, Ward Number 3, Devdha, Samastipur, Bihar - 848208.
2. Jaipur International Airport Limited, (Formerly Known As Adani International Airport Limited), Jaipur International Airport, Terminal 1, First Floor, Sanganer Jaipur - 302029, Rajasthan India Through Vikas Mohan Jha, Chief Airport Officer. ----Respondents For Petitioner(s) : Mr. Anurag Kalavatiya Mr. Chitransh Mathur Mr. Ashish Sharma Mr. Aditya Sharma For Respondent(s) : Mr. Ajay Kumar Jain Mr. Aditya Jain Samarth Jain Mr. Mohit Sharma, for respondent No.1 Mr. Rohit Tantia for Mr. Jai Raj Tantia for respondent No.2 HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 24/02/2025
1. This petition has been filed under Article 227 of the Constitution of India against the order dated 24.12.2024 passed by learned Commercial Court No.1, Jaipur, Metropolitan II in
[2025:RJ-JP:8139] (2 of 2) [CW-966/2025] Commercial Suit No.214/2024 alleging that the learned Commercial Court has no jurisdiction to entertain the suit in which the order has been passed.
2.
Learned counsel appearing on behalf of the respondents-Mr. Ajay Jain, Adv. submitted that regarding the maintainability of the suit before the learned Commercial Court and jurisdiction to try the suit, has been filed by the petitioner under Order 7 Rule 11 read with Section 151 of CPC which is pending decision.
3.
Learned counsel appearing on behalf of the petitioner also admits that the said application is pending.
4. In these circumstances, this Court finds that let the Commercial Court decide the application regarding the jurisdiction of the learned Commercial Court to entertain the suit filed by respondent No.1, therefore, this petition is disposed of with the direction to the learned Commercial Court No.1, Jaipur, Metropolitan II to dispose of the application filed by the petitioner under Order 7 Rule 11 read with Section 151 CPC at the earliest.
5. The petitioner shall be at liberty to avail the remedy approaching this Court if need so arises.
(ASHUTOSH KUMAR),J TANISHA /355