Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 16792 (RAJ)

SWARE HEALTH CARE PVT. LTD. v. M/S ANONDITA HEALTHCARE

CMAP/30/2026 · 2026-02-04

Anand Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:5217] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 30/2026 IN S.B. Civil Revision Petition No.273/2022 1. Sware Health Care Pvt. Ltd., Through Its Director Sanjeev Goud S/o Shri Ramjilal R/o F-374, Riico Growth Center, Extension, Dholpur. 2. Sanjeet Goud S/o Shri Ramjilal, Director Sware Health Care Pvt. Ltd. R/o F-374, Riico Growth Center Extension Dholpur. ----Petitioners Versus 1. M/s Anondita Healthcare, Through Proprietor Anupam Ghosh S/o Shri S.k. Ghosh, R/o A-33-A. Sector-8, Noida, District Gautam Buddha Nagar (U.P.) 2. Anupam Ghosh S/o Shri S.k. Ghosh, Proprietor M/s Anondita Healthcare, R/o A-33-A, Sector-8, Noida, District Gautam Buddha Nagar (U.P.). 3. Faiz Muhammad, S/o Abdul Rahim 4. Mohammad Imran S/o Abdul Rahim, All Resident Village Police Station Building District Muzaffar Nagar (Uttar Pradesh). 5. Harish Gupta, (Harsh) S/o Naamaloom, 6. Ashutosh Tiwari, S/o Naamaloon 7. Manish Panchauri, S/o Namaloom, All Resident R/o House No. 24, West Arjun Nagar Agra (Uttar Pradesh). ----Respondents For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 04/02/2026 1. After hearing learned counsel appearing for both the parties, judgment dated 24.01.2026 was delivered by this Court, operative portion whereof is reproduced hereunder: "84. In view of the aforesaid discussion, this Court is of the considered opinion that the executing court, while maintaining attachment of one machine, has exercised jurisdiction not [2026:RJ-JP:5217] (2 of 2) [CMAP-30/2026] vested in it by law and has travelled beyond the scope of the decree dated 09.02.2017. The impugned order, to the extent it maintains attachment of one machine, suffers from material irregularity and cannot be sustained. 85. In the light of foregoing discussions, analysis of the facts, material on record, findings recorded by the Executing Court and the prevailing law, the objections raised by the Objectors-Judgment debtors under Section 47 CPC are sustained and hereby allowed. The impugned order dated 11.11.2022 is set aside to the extent it maintains attachment of one machine installed at the premises of the Objectors-Judgment debtors. The Executing Court is directed to release both the said machines forthwith in favour of the Objectors- Judgment debtors. 86. Accordingly, S. B. Civil Revision Petition No. 12/2023 filed by the Decree-holders is hereby dismissed and S. B. Civil Revision Petition No. 273/2022 filed by the Objectors- Judgment debtors is allowed with the aforesaid directions." 2. There is no apparent ambiguity or vagueness in the directions given by this Court in judgment dated 24.01.2026. Hence, the application filed by the applicant is totally misconceived and, is hereby, dismissed. (ANAND SHARMA),J DAKSH/54