Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:2325] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No.1026/2025
1. M/s Solution and Solution through its proprietor Smt. Savita Sharma W/o Shri Amit Sharma, aged about 45 years, R/o 1899, Bhatto Ki Gali, Opp. Purani Vidhansabha, Badi Chaupad, Jaipur, Rajasthan.
2. Smt. Savita Sharma W/o Shri Amit Sharma, aged about 45 years, R/o 1899, Bhatto Ki Gali, Opp. Purani Vidhansabha, Badi Chaupad, Jaipur, Rajasthan.
3. Shri Ramavatar Sharma S/o (Late) Shri Narayan Sharma, R/o 4178, Surajpole Bazaar, Ramganj, Jaipur. ----Petitioners Versus
1. Ajay Pareek, Chief Business Officer/Business Head M/s Fullerton India Credit Company Ltd., Corporate Office- Floors 5 and 6, B Wing, Supreme Business Park, Supreme IT Park, Supreme City, Powai, Mumbai-400076, and New No.165, Old No.307, 3rd Floor, Megh Towers, Near SBI and Erikarai Bus Stop, Poonamallee High Road, Maduravoyal, Chennai-600095 (Tamilnadu).
2. Shirish Apte, Independent Director, M M/s Fullerton India Credit Company Ltd., Corporate Office- Floors 5 and 6, B Wing, Supreme Business Park, Supreme IT Park, Supreme City, Powai, Mumbai-400076.
3. Sudha Pillai, Director, M/s Fullerton India Credit Company Ltd., Corporate Office- Floors 5 and 6, B Wing, Supreme Business Park, Supreme IT Park, Supreme City, Powai, Mumbai-400076, and New No. 165, Old No. 307, 3rd Floor, Megh Towers, Near Sbi And Erikarai Bus Stop, Poonamallee High Road, Maduravoyal, Chennai-600095 (Near SBI and Erikarai Bus Stop).
4. Shantanu Mitra, Chief Executive Officer and Managing Director, M/s Fullerton India Credit Company Ltd., Corporate Office- Floors 5 and 6, B Wing, Supreme Business Park, Supreme IT Park, Supreme City, Powai, Mumbai-400076
5. Neeraj Mishra - The Then Authorized Officer, M/s Fullerton India Credit Company Ltd., Address- Plot No. 161, 162, 173 And 174, 4th Floor, Bansal Tower, Rathore Nagar, Amrapali Marg, Vaishali, Jaipur.
6. Raashi Dogra Dudi, The Then Deputy Commissioner Of Police (North), Address- City Palace, Jaleb Chowk, Jaipur, Rajasthan.
7. Lakhan Singh Khatana, The Then SHO, Police Station Ramganj, Jaipur.
8. Banney Singh, The Then S.I., Police Station Ramganj, Jaipur, R/o DD-74, Pashupati Nath Colony, Near Nepali Temple, Shastri Nagar, Jaipur.
9. Tara Devi Dhakad W/o Banney Singh Dhakad, R/o DD-74,
[2026:RJ-JP:2325] (2 of 4) [CCP-1026/2025] Pashupati Nath Colony, Near Nepali Temple, Shastri Nagar, Jaipur. ----Respondents/Contemnors For Petitioner(s) : Mr. Vikram Beniwal For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 20/01/2026
1. In this contempt petition, the petitioners have prayed for following relief:
"It is, therefore, prayed that your lordship may graciously be pleased to allow and accept this contempt petition and & further by an appropriate
order or directions:- (i) the respondents/ contemnors may be prosecuted & suitably punished for committing the contempt of court of the order dated 30.09.2021 passed by the learned CJM, Jaipur Metro-II, Jaipur at their cost and consequences under the provisions of the Contempt of Court Act, 1971 for deliberately, intentionally & willfully flouting & disobeying the order dated 30.09.2021 & the act of the respondent contemnor by defying, disobeying & non-complying of the order dated 30.09.2021 amount to contempt of court as if the contempt of this Hon'ble Rajasthan High Court. (ii) & further cancel the sale certificate dated 20.02.2024 & registered sale deed dated 20.02.2024 executed by the respondent/ contemnors to restore the possession of the mortgage property to the petitioner in its original form and further impose the exemplary cost upon the respondents/ contemnors for non-compliance of the order dated 30.09.2021. (iii) Any other appropriate order or direction which this Hon'ble High Court just deems fit and proper in the aforementioned facts and circumstances of the case may also be passed in favor of the petitioner."
2.
Learned counsel for the petitioners submits that ex- parte interim order dated 09.09.2021 was passed in S.B. Civil Writ
[2026:RJ-JP:2325] (3 of 4) [CCP-1026/2025] Petition No.9209/2021, whereby the respondents were restrained from taking further action against the petitioners on the basis of notice dated 28.06.2021.
3. Thereafter, respondents were served the notices as well as order dated 09.09.2021, however, in utter disregard of the ex- parte interim order, the respondent-bank filed an application under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
4. Thereafter, the respondents appeared in the writ petition and the writ petition filed by the petitioner was dismissed vide order dated 23.02.2022 on account of being not maintainable in the light of judgment of Hon'ble Supreme Court.
5.
Learned counsel for the petitioners submits that respondents continued their audacious and contemptuous act and ultimately succeeded in getting sale certificate dated 20.02.2024 and the registered sale deed dated 20.02.2024 in their favour. As per learned counsel for the petitioners, the said action amounts to Contempt of Court and respondents are liable to be punished on account of such contemptuous act.
6. Heard learned counsel for the petitioners and perused the record.
7. This contempt petition filed by the petitioners is sheer abuse of process of law as well as of Court. Admittedly, the ex- parte interim order dated 09.09.2021 stood merged in final order dated 23.02.2022 passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.11505/2021, whereby the writ petition was dismissed as being not maintainable.
[2026:RJ-JP:2325] (4 of 4) [CCP-1026/2025]
8. Thus, it is settled that in a petition which was not otherwise maintainable under law, no contempt of an interim
order, which also merged in the order of dismissal dated 23.02.2022 can be alleged by the petitioners.
9. Even otherwise, as per the Section 20 of the Contempt of Courts Act, 1971, the limitation for filing the contempt petition is one year and, in the instant case, even after dismissal of the writ petition on 23.02.2022, alleging contempt of ex-parte interim
order dated 09.09.2021, this contempt petition has been filed by the petitioners in the year 2025 after expiry of limitation period and even prayer for cancelling the sale certificate dated 20.02.2024 and registered sale deed dated 20.02.2024 has also been made, which is totally inconceivable and beyond the scope of contempt proceedings, hence such prayers cannot be entertained in contempt petition filed by the petitioners.
10. In light of the above, this contempt petition filed by the petitioners, being misuse of process of law and Court, is dismissed with a cost of Rs.10,000/-, which shall be deposited by the petitioners in the Office of Rajasthan State Legal Services Authority within a period of 30 days from today.
(ANAND SHARMA),J DAKSH/3