JUDGMENT :

SAMEER JAIN, J.

1. In the present batch of writ petitions, the scope of the controversy involved, albeit not limited to but is broadly and predominantly defined by the challenge raised against the order dated 14.02.2025 passed by Jaipur Metropolitan-II, Jaipur in Execution Petition No. 1604/2023 (CIS No. 1643/2023) titled M/S. Advent Envirocare Technology Pvt. Ltd. v. M/S Sanganer Enviro Project Development Jaipur, thereby accepting the alternate prayer of the award holder and issuing several directions which are absolutely sans authority of law and having disastrous consequences. Consequently, considering the fact that the writ petitions warrant adjudication on common questions of law and fact; with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 6884/2025 titled as State of Rajasthan and Anr. v. M/S Advent Envirocare Technology Ovt. Ltd. & Anr., is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not vis-a-vis the questions of law to be determined by this Court; the instant judgment shall be applicable on all the petitions connected herein/henceforth on mutatis mutandis basis.

2. For the sake of convenience and with a view to obtaining a comprehensive bird’s-eye perspective of the controversy involved in the present lis, the reliefs sought in the lead petition, along with the impugned findings recorded in the order dated 14.02.2025, are reproduced hereinbelow for ready reference and proper adjudication: 

The reliefs sought in the lead petition are as follows:

a) Issue an appropriate writ, order, or direction whereby the impugned order dated 14.2.2025 (Annex.10) passed by the learned Commercial Court No.1, Jaipur Metropolitan-II particularly the directions issued in para 165 and its sub-paras may kindly be quashed and set-aside;

b) Any other appropriate order or direction which the Hon’ble Court may deem just, proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioners;

c) Cost of the writ petition may also be awarded to the Petitioners.”

The impugned findings recorded in the order dated 14.02.2025 passed in the Execution Petition No. 1604/2023 are as follows:

“165. Therefore, while accepting the alternative prayer of the award holder, it is ordered as follows:

A. As a natural consequence of piercing/lifting the corporate veil of the award debtor, i.e. the SPV, the Directors and shareholders/members of the award debtor, i.e. the SPV, who are also the office bearers/members of the Association and the Samiti and for that matter also the Government of Rajasthan through the Collector Jaipur, he being the Chairman of the Samiti are held jointly and severely liable to pay off the dues of the award holder as payable under the award in question, subject, however, to the principle ‘Pay and Recover’ in case the Government of Rajasthan is made to pay off the dues of award holder under the award in question;

B. However, having regard to the principle ‘Polluter Pays’, in the first instance, the court is inclined to proceed against the Directors and shareholders/members of the award debtor, i.e. the SPV, who are also the office bearers/members of the Association. As such the attachment of the very premises of the textile units belonging to the Directors and members/shareholders of the award debtor, i.e. the SPV, who are also the office bearers/members of the Association coupled with the movable items lying therein is ordered, in exercise of the powers conferred under Order XXI Rule 54 and under XXI Rule 30 of the CPC, respectively.

C. Further, the court, in exercise of powers conferred by Section 51(e) r/w section 151 of the CPC, also orders the simultaneous seizure of such attached premises coupled with movables lying therein.

D. Attachment and seizure as aforesaid shall be carried out in the order in which it is sh