[2025:RJ-JD:46300]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12103/2025 Bhika Ram S/o Sh. Shankar Lal, Aged About 60 Years, R/o Plot No. 99, Shobhavato Ki Dhani, Amrit Vihar, Pal Road, Jodhpur, Rajasthan.

----Petitioner Versus

1. UCO Bank, Through Its Branch Manager, Basni Branch, Basni, Jodhpur.

2. Recovery Officer-Ii, Debts Recovery Tribunal, Jaipur, Lal Kothi Shopping Center, Tonk Road, Jaipur.

3. Ajay Sadawat S/o Shri Kisturchand, R/o Sadawaton Ki Pole, Juni Mandi, Jodhpur.

4. Smt. Deepali Sadawat W/o Shri Ajay Sadawat, R/o Sadawaton Ki Pole, Juni Mandi, Jodhpur.

5. C1 India Pvt. Limited, 3Rd Floor, Plot No. 68, Sector 44, Gurgaon (Haryana) Through Its Proprietor.

----Respondents Connected With S.B. Civil Writ Petition No. 1365/2010 Heera Lal S/o Sh. Ganesh Lal by caste Kumahar Age 52 yrs through its power of attorney holder Bhika Ram s/o Sh. Shankar Lal by caste Ghanchi Age 45 years R/o plot No.99, Shobhavato Ki Dhani, Amrit Vihar, Pal Road, Jodhpur.

----Petitioner Versus

1. UCO Bank through its branch manager, Basni Branch, Basni, Jodhpur.

2. Ajay Sadawat s/o Kisturchand by caste Jain r/o Sadawato Ki Pol, Juni Mandi, Jodhpur

3. Deepali Sadawat w/o Ajay Sadawat by caste Jain r/o Sadawato Ki Pol, Juni Mandi, Jodhpur ----Respondent For Petitioner(s) : Mr. Moti Singh.

For Respondent(s) : Mr. Bhavit Sharma.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

27/10/2025

1. These two writ petitions have been filed by the petitioners seeking following reliefs:

Prayers: SBCWP No.12103/2025 “a) That, by an appropriate writ, order and direction be issued to respondents and the order dated 20.04.2025 (Annexure-18) as well as the sale proclamation dated

09.06.2025 (Annexure-19) issued by Recovery Officer-II, DRT, Jaipur in recovery case no. 158/2014 titled as UCO Bank V/s Ajay Sadawat may kindly be quashed and set aside.

b) That by an appropriate writ, order and direction be issued to respondent and the Respondent-bank may kindly be directed to settled the dispute with the petitioner and accept / adjust the amount of Rs. 12,39,870/ and further bank may kindly be directed to accept the old due amount as mentioned in the statement dated 30.10.2023 and

11.09.2024 (Annex-13).

c) by an appropriate writ, order and direction be issued to respondent and the proceedings of the recovery case no. 158/2014 titled as UCO Bank Vs Ajay Sadawat And Ors (Annex-15) pending before the Registrar, Debts Recovery Tribunal, Jaipur may kindly be dropped and the respondent bank may be directed to discharge the mortgage of the house in question in favour of the petitioner.

d) That the any other relief, which this Hon'ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

Prayers: SBCWP No.1365/2010 “That by an appropriate writ, order and direction be issued to respondent and quashed the proceeding adopted by the respondent under the Act of 2002 and notice dated 31.1.2007 (Annexure-17) relating to the demand of handover the possession of house may kindly be quashed and set aside.

That by an appropriate writ, direction or order be issued to quash the proceeding adopted under section 13 of the Act of 2002 by respondents relating to house of petitioner and the auction proceeding dated-

19.10.2007(Annexure-18).

- That by an appropriate writ, direction or order be issued against the respondent and restraint to respondent to interfere with the possession of petitioner at house No. 99A, Amrit Vihar, Shobhavato Ki Dhani, Pal Road, Jodhpur. It is further directed to the respondent that the question in house will not sale to any other person on behalf of sale deed dated 11.2.2004 (Annexure-16) and in pursuance of mortgage deed.

That the petitioner may be allowed the cost of writ petition.

That the any other relief, which this Hon'ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

3. Vide order dated 04.08.2025, a Coordinate Bench of this Court referred both these matters to the Mediation Center attached to