VD AGROTECH LIMITED Vs. BHAGWANDAS BANSAL

JUDGEMENT

(1.) The present writ petition has been filed assailing the validity of the order dtd. 4/11/2022 passed by Additional District Judge No.1, Sri Ganganagar in Civil Misc. Case CIS No.95/2022, whereby the application of the petitioner preferred under Order XX1 Rule 90 CPC was rejected.

(2.) Instant writ petition was presented before this Court on 14/11/2022. This Court vide ad interim order dtd. 21/11/2022 directed to maintain status quo as on that date. The said interim order was recalled by this Court on 20/5/2025. Thereafter, an application (4/2025) was preferred on behalf of the petitioners under Article 226 of the Constitution of India with the following prayer:

(3.) Learned counsel for the petitioners-applicant fairly submits that the order dismissing the objection to the auctions proceedings is appealable order, however, due to inadvertence, the petitioner-Company instead of preferring an appeal, had preferred the present writ petition. To buttress his contention, learned counsel for the petitioner has relied upon the judgments of Hon'ble the Supreme Court in the case of Nawab Shaqafath Ali Khan and others vs. Nawab Imdad Jah Bahadur and others reported in 2009 Supreme(SC) 439, judgment of Karnataka High Court in the case of Talari Thippeswamy vs Doddappa reported in I.L.R. 1996 KAR 750 and judgment of Andhra Pradesh High Court at Hyderabad in the case of Konati Swamanna vs. Golla Venkataswamy reported in 2005(1) A.P.L.J. 272 (HC).