Sajjan Kumar Halwai V. Union Of India, Through Its Secretary, Department Of Financial Services, Ministry Of Finance and The Debts Recovery Tribunal and India Sme Asset Reconstruction Company Ltd. and Shree Ambey Jewellers and Shanti Constructions and Atma Ram Halwai and Smt. Shanti Devi Halwai and Rajkumar Halwai and Sushil Kumar Halwai and Smt Sudha Agarwal and Smt Renu

CW/5421/2024

AI Insights

The case involves Sajjan Kumar Halwai, the petitioner, who sought judicial intervention to expedite the hearing of his pending application at the Debts Recovery Tribunal (DRT), Jaipur. The petitioner had previously filed an appeal against the dismissal of his application under Rule 60 of the Income Tax Rules, 1962, which was dismissed in default by the DRT. Concurrently, allegations of collusion against the Presiding Officer of the DRT were raised, leading to a transfer petition to the Debts Recovery Appellate Tribunal (DRAT), Delhi. The DRAT had temporarily restrained the Presiding Officer from hearing the appeal until the transfer issue was resolved. Despite these proceedings, the appeal was dismissed in default, prompting the petitioner to seek revival, which remained pending, leading to the current writ petition.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 695479 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 15-04-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Rules, 1962
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: PAWAN PAREEK
• Assessee Lawyers: JAI SHARMA; AKSHAT KHANDELWAL
• Keywords: Appeal Dismissal; Debts Recovery Tribunal; Interim order; Miscellaneous Application; Transfer Petition
• Section: 60

Judgement Text

"[2024:RJ-JP:17487] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5421/2024 Sajjan Kumar Halwai S/o Late Shri Atma Ram Halwai, Aged About 57 Years, R/o Near Tharda Balaji Mandir, Somaniyon Ki Haveli, Pilani, District Jhunjhunu (Raj.) ----Petitioner Versus 1. Union Of India, Through Its Secretary, Department Of Financial Services, Ministry Of Finance, Jeevan Deep Building, Sansad Marg, New Delhi. 2. The Debts Recovery Tribunal, First Floor, Sudharma - Ii, Lal Kothis Shopping Center, Tonk Road, Jaipur (Rajasthan) 3. India Sme Asset Reconstruction Company Ltd., Through Its Authorized Officer, Having Its Registered Office At 1004, 10Th Floor, Naman Centre, Plot No. C 31, G Block, Bandra Kurla Complex, Bandra (East), Mumbai (Maharashtra) 4. M/s Shree Ambey Jewellers, Through Its Partner Smt Meena Soni W/o Shri Rajkumar Soni, R/o Court Road, Ward No. 20, Tehsil Chirawa, District Jhunjhunu (Rajasthan) 5. M/s Shanti Constructions (A Partnership Firm), Through Its Partner, Having Its Correspondence Address At Near Tharda Balaji Mandir, Somaniyon Ki Haveli, Pilani, District Jhunjhunu (Rajasthan) 6. Atma Ram Halwai S/o Late Shri Ishwar Das Halwai, R/o Main Market, Pilani, District Jhunjhunu (Rajasthan) (Deceased), Through His Legal Heirs 7. Smt. Shanti Devi Halwai W/o Late Shri Atma Ram Halwai, R/o Main Market, Pilani, District Jhunjhunu (Rajasthan) (Deceased) 8. Rajkumar Halwai W/o Late Shri Atma Ram Halwai, R/o Near Sheria Mandir, Main Market, Pilani, District Jhunjhunu (Rajasthan) 9. Sushil Kumar Halwai S/o Late Shri Atma Ram Halwai, R/o Near Sheria Mandir, Main Market, Pilani, District Jhunjhunu (Rajasthan) 10. Smt Sudha Agarwal W/o Shri Anil Kumar Agarwal D/o [2024:RJ-JP:17487] (2 of 3) [CW-5421/2024] Late Shri Atma Ram Halwai, R/o Plot No. 141, G 4, Ganesh Dham, Shilp Colony, Jhotwara, Jaipur (Rajasthan) 11. Smt Renu W/o Pramod Kumar Sarad D/o Late Shri Atma Ram Halwai, R/o Bhorki Road, Guddha Gor Ji Ka, District Jhunjhunu (Rajasthan) ----Respondents For Petitioner(s) : Mr.Jai Sharma Mr.Akshat Khandelwal For Respondent(s) : Mr.Pawan Pareek HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 15/04/2024 AVNEESH JHINGAN, J (ORAL):- 1. This petition is filed seeking directions to Debts Recovery Tribunal, Jaipur (for short, ‘the DRT’) to hear the Miscellaneous Application No.243/2023 filed in Appeal No.5/2022 titled as Sajjan Kumar Halwai Vs. India SME Asset Reconstruction Company Ltd. and Ors. and to decide it expeditiously. 2. The petitioner aggrieved of dismissal of the application under Rule 60 of the Income Tax Rules, 1962 by the Recovery Officer, preferred an appeal before the DRT. 3. In the meantime, the petitioner filed a Transfer Petition before the Debts Recovery Appellate Tribunal, Delhi (for short ‘DRAT’) raising allegations that the Presiding Officer, DRT has colluded with the auction purchaser and the Bank. 4. During pendency of the Transfer Application, DRAT on 24.05.2022 ordered that the Presiding Officer, DRT will not hear the appeal till the issue of transfer is decided by the DRAT. [2024:RJ-JP:17487] (3 of 3) [CW-5421/2024] 5. In spite of the interim order on 12.10.2023, DRT dismissed the appeal in default. The petitioner had to file an application for revival of the appeal which is pending since October, 2023. 6. Grievance raised is that the DRT-2, New Delhi is having the additional charge of DRT, Jaipur, hence the application is not being decided. 7. The petition is disposed of with the direction that the DRT-2, New Delhi shall decide the application within one week from today. 8. Learned counsel appearing on behalf of Union of India shall ensure that the order passed today in Court shall be communicated to the DRT-2, New Delhi telephonically. 9. A copy of this order be supplied to learned counsel appearing on behalf of Union of India today. (AVNEESH JHINGAN),J Monika/Gaurav/55 "