RIICO JAIPUR THROUGH M D v. M/S DIVYA MOTI HOTELS AND RESORTS P LTD
CMA/2629/2015 · 2025-07-29
Maneesh Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7254 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7254 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28584] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2629/2015
1. Rajasthan State Industrial Development And Investment Corporation Limited, Through Its Managing Dir, Udyog Bhawan, Tilak Marg, Jaipur
2. Senior Regional Manager, Riico Limited, Jaipur South- Malviya Industrial Area, Jaipur ----Appellants Versus M/s. Divya Moti Hotels And Resorts Pvt. Limited, A Registered Company Under The Companies Act, 1956, Registered Office At Shop No. 13-21, 5Th Floor, Sunny Mart, Atish Market, Mansarovar, Jaipur Through Its Director And Authorized Signatory Nand Kishore Gupta, S/o Late Shri Rudmal, C-9, Barwara House, Jaipur ----Respondent For Appellant(s) : Ms. Priya Khushlani for Mr. Ashok Mehta For Respondent(s) : Mr. Akash Gupta HON'BLE MR. JUSTICE MANEESH SHARMA
Order 29/07/2025
1. Present appeal has been filed by defendant/appellants against the order dated 30.05.2015, whereby in a suit for declaration and permanent injunction; the temporary injunction application filed under Order 39 Rule 1 and 2, Code of Civil Procedure, 1908 by the plaintiff/respondents has been allowed and operation of the letter dated 06.08.2014, 07.08.2014 and 08.08.2014 have been stayed and further appellant has been restrained from taking possession of the suit property from the respondent.
[2025:RJ-JP:28584] (2 of 2) [CMA-2629/2015]
2. After arguing the matter at some length, the learned counsel for the appellant submitted that since temporary injunction order dated 30.05.2015 is operative against the appellant and hearing of the suit filed in the year 2015 is not catching the required pace, therefore, the appellant would be satisfied if direction for the expeditious hearing of the suit is ordered.
3.
Learned counsel for the respondents submits that in the suit, evidence of the parties is concluded and the case is riped up for hearing as the case is fixed for rebuttal evidence of the plaintiff.
4. Heard and considered the submissions made by learned counsel for the respective parties.
5. While maintaining the order dated 30.05.2015, in the interest of justice, the learned Trial Court is directed to decide the pending suit within a period of two months from the receipt of a certified copy of this order.
6. However, it is made clear that the learned Trial Court should not be influenced by the dismissal of this appeal or from the findings recorded under the impugned order while deciding the main suit on merits.
7. Accordingly, the appeal stands disposed of.
8. All pending application(s), if any, shall stand disposed of.
(MANEESH SHARMA),J DEEPA-46