1 CGHC010280902024 2026:CGHC:34645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4316 of 2024 1 - Authorized Officer And Senior Manager Asset Reconstruction Company (India) Ltd. A Company Incorporated Under The Companies Act, 1956, And Registered As A Securitization And Asset Reconstruction Company Pursuant To Section 3 Of The Sarfaesi Act, Having Its Registered Office At The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar (W), Mumbai - 400028 ... Petitioner(s) versus 1 - District Magistrate/collector Raipur (C.G.). 2 - Tehsildar Raipur (C.G.). 3 - Mr. Mukesh Ramwani S/o Mr. Murli Dhar Ramwani (Borrower) R/o H. No. M-12, Ward No. 29, Subash Chandra Ward, Shankar Nagar, Raipur (C.G.) 492007. 4 - Mrs. Anju Ramwani W/o Mukesh Ramwani (Co-Borrower/s) R/o H. No. M-12, Ward No. 29, Subash Chandra Ward, Shankar Nagar, Raipur (C.G.) 492007. 5 - M/s Jai Shri Gurudev Transport (Co-Borrower/s) Through Authorized Signatory R/o H. No. M-12, Ward No. 29, Subash Chandra Ward, Shankar Nagar, Raipur (C.G.) 492007. 6 - Mr. Chanki Ramwani S/o Mr. Mukesh Ramwani (Co-Borrower/s) R/o H. No. M-12, Ward No. 29, Subash Chandra Ward, Shankar Nagar, Raipur (C.G.) 492007. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 7 - M/s Shri Jai Gurudev Transport (Co-Borrower/s) Through Authorized Signatory C/o Gangaram Lodhi, House No. 23/2665, Near Krishi Upaj Mandi, Pandri, Raipur (C.G.) – 492007. 8 - Divyesh Ramwani S/o Mr. Mukesh Ramwani R/o H. No. M-12, Ward No. 29, Subash Chandra Ward, Shankar Nagar, Raipur (C.G.) 492007. ... Respondent(s) For Petitioner(s) : Mr. Soumitra Kesharwani, Advocate. For Respondent(s)/State : Mr. Anway Tiwari, Panel Lawyer. For Respondents No. 3 to 7 : Mr. Swayam Tehanguria, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/08/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) The petitioner most humbly & respectfully prays that this Hon. Court may be pleased to direct the District Magistrate, Raipur to ensure implementation of his order, dated 17/04/2023 within a period of 15 days. (ii) To declared the order dated 01/02/2024 passed in civil Suit no. 335A/2022 null and void. Since It is the settled proposition of law that a judgment or decree obtained by playing fraud on the court is a nullity and nonest in the eyes of law. Any other order or orders that this Hon. Court deems fit and proper in the circumstances of the case may also be kindly passed.” 3 2. Learned counsel for the petitioner submits that during the pendency of the proceedings before the Debts Recovery Tribunal (DRT), the private respondents instituted a civil suit before the competent Civil Court, wherein an ex parte judgment and decree dated 02.01.2024 came to be passed against the present petitioner. It is submitted that although the petitioner has approached this Court by filing the present writ petition, the aforesaid ex parte judgment and decree has not been specifically challenged therein. In these circumstances, learned counsel for the petitioner fairly submits that, at this stage, the petitioner may be granted liberty to avail the appropriate statutory remedy by challenging the ex parte judgment and decree dated 02.01.2024 in accordance with law before the competent Civil Court, including by filing an application for setting aside the said judgment and decree. 3. On the other hand, learned counsel appearing for the respondents opposes the prayer and submits that the petitioner was duly impleaded as a party in the civil proceedings and was afforded adequate opportunity to contest the matter. However, despite service of notice, the petitioner failed to appear before the Civil Court, as a consequence of which he was rightly proceeded ex parte, culminating in the passing of the ex parte judgment and decree dated 02.01.2024. It is, therefore, submitted that no interference by this Court is warranted. 4 4. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the interests of justice would be adequately served by permitting the petitioner to avail the remedy available under law before the competent Civil Court. Accordingly, the petitioner is granted liberty to file an appropriate application seeking setting aside of the ex parte judgment and decree dated 02.01.2024, along with such application(s) as may be required under the provisions of law, including an application under Section 5 of the Limitation Act, if so advised. In the event such application is filed, the competent Civil Court shall consider and decide the same strictly in accordance with law by passing a reasoned and speaking order. While considering the application for condonation of delay, if any, the Civil Court shall also take into consideration the fact that the petitioner had approached this Court by filing the present writ petition on 24.07.2024, which has remained pending since then, and shall examine the effect of the pendency of these proceedings while adjudicating the application under Section 5 of the Limitation Act, without being influenced by any observation made in the present order on the merits of the case. 5. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat