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2025 DAILYLAW 42215 (RAJ)

CHIRANJI LAL SHARMA S/O GHASI LAL SHARMA v. FINOVA CAPITAL PVT. LTD.

CRLMP/2372/2025 · 2025-04-29

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:17940] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2372/2025 1. Chiranji Lal Sharma S/o Ghasi Lal Sharma, Aged About 28 Years, R/o 75 Keshav Garden Agra Road Jamdoli Jaipur, Rajasthan-302031. 2. Om Prakash Sharma S/o Ghsai Lal Sharma, R/o 75 Keshav Garden Agra Road Jamdoli Jaipur, Rajasthan- 302031. ----Petitioners Versus Finova Capital Pvt. Ltd., Office- 1St Floor, Unique Aspire, Amrapali Marg, Vaishali Nagar Jaipur, Rajasthan 302021 Through Its Authorized Representative/signatory Gourav Kumawat. ----Respondent For Petitioner(s) : Mr. Krishan Chander Sharma For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 29/04/2025 Learned counsel for the petitioners has relied upon page-32 of the petition and submitted that first proceedings were initiated against Om Prakash Sharma who is the main borrower. It is further submitted that abusing the process of law, subsequent proceedings were initiated against Om Prakash Sharma and his brother- Chiranji Lal Sharma, who is one of the co-borrower, same is reflected at page-44 of the petition. Further, it is submitted that subsequent proceedings on the same cause of action are not tenable. [2025:RJ-JP:17940] (2 of 2) [CRLMP-2372/2025] Learned counsel for the State has raised preliminary objection and submitted that the said objection can be taken by the learned counsel for the petitioners before the concerned Court. Considering the submission made by the learned counsel for the parties, this Court directs the petitioners to raise the said objection before the concerned Trial Court by filing an appropriate application and concerned Court shall decide the same on priority basis as one of the issue on maintainability. Accordingly, the present petition is disposed of with the aforementioned direction. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/12