M/S Vashyam Developers PVT. LTD. vs. M/S Ranabai Construction Company

CFA/1211/2024HC RajasthanGSTCNR RJHC02092683202418 May 2026Bench: SANJEEV PRAKASH SHARMA,ASHUTOSH KUMAR2 pages

AI SummaryDismissed

Facts

This case involves a D.B. Civil First Appeal filed by M/s Vashyam Developers Pvt. Ltd. and its directors against M/s Ranabai Construction Company and others. The appeal concerns an order passed by the High Court on June 30, 2025. An application was filed by the respondent stating that the order of June 30, 2025, has not been complied with, and they prayed for the dismissal of the appeal. Previously, on September 25, 2025, the Court noted that Proof of Filing (PF) and notices had not been filed, and time was granted. The respondent's counsel appeared and highlighted the non-compliance. On March 5, 2026, the appellants were granted further time to take instructions, and their counsel submitted that they were unable to deposit the required amount due to a paucity of funds.

Held

The Court held that the appeal should be dismissed for non-compliance with the order dated June 30, 2025. The reasoning was based on the repeated failure of the appellants to adhere to the Court's directives. Despite being granted time on multiple occasions, including a specific mention on March 5, 2026, where the appellants' counsel cited a paucity of funds as the reason for non-compliance, the Court found this explanation insufficient to warrant further leniency. The ratio decidendi is that non-compliance with a High Court's order, without a compelling and legally recognized justification, leads to the dismissal of the appeal. The Court also disposed of all pending applications. No specific amount in dispute was recorded.

Key Issues

The primary issue before the Court was whether the appeal should be dismissed due to the non-compliance of the Court's order dated June 30, 2025. The appellants' side argued that they were unable to comply with the order due to a paucity of funds. The respondent's side argued that the order had not been complied with and prayed for the dismissal of the appeal. The Court had to decide whether this stated inability to comply constituted sufficient grounds to avoid dismissal or if non-compliance itself warranted dismissal. The Court also had to consider the procedural history, including the previous grant of time for filing PF and notices and the subsequent non-compliance.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[2026:RJ-JP:20789-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil First Appeal No. 1211/2024 1. M/s Vashyam Developers Pvt. Ltd., M-18, 3rd Floor, Hari Nagar, Clock Tower, Behind New Era School, Delhi South- West Delhi Through Director Shri Prashant Kumar Son of Shri Satyapal, Resident Of House No.630, Sapnavat, Delhi-110064, Director M/s Vashyam Developers Pvt. Ltd. At Present Director Through Shri Pramod Son of Shri Raj- pal Singh, Resident of House No.A-46, Tigdi Delhi, Com- pany Reg. No.277712, ROC Delhi, GST No.07 AAFCV0659NIZU. 2. Shri Pramod S/o Shri Rajpal Singh, R/o House No. A-46, Tigdi Delhi, Director M/s Vashyam Developers Pvt. Ltd. 3. Smt. Sandhya Jaiswal, Director M/s Vashyam Developers Pvt Ltd., M-18, 3rd Floor, Hari Nagar, Clock Tower, Behind New Era School, Delhi South- West Delhi. ----Appellants Versus 1. M/s Ranabai Construction Company, Near Sahkar Samiti, Mahavir Colony, Sanvatsar, Tehsil Kishangarh, District Ajmer (Raj.) Through Its Proprietor Shri Mukesh Kumar S/o Shri Bhagirath, R/o Mahavir Colony, Sanvatsar, Tehsil Kishangarh, District Ajmer (Raj.) 2. Shri Prashant Kumar S/o Shri Satyapal, R/o House No. 630, Sapnavat, Delhi - 110064, Director M/s Vashyam Developer Pvt. Ltd. 3. Smt. Kiran Ramakant Padte (Padte), Director M/s Vashyam Developers Pvt. Ltd., M-18, 3rd Floor, Hari Nagar, Clock Towers, Behind New Era School, Delhi South-West Delhi. 4. M/s Larsen And Turbo Ltd., WDFC EM, P-4, Project Office, Vinayak Heights, 6Th Floor Goms Defense Colony, Gautam Marg, Vaishali Circle, Vaishali Nagar, Jaipur, GST No. 08AAACL0140P72D. ----Respondents For Appellant(s) : Ms. Yashika Vijayvagia for Mr. Abhi Goyal For Respondent(s) : HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order 18/05/2026

[2026:RJ-JP:20789-DB] (2 of 2) [CFA-1211/2024]

An application (CMA No.1/2026) moved by the respondent informing that the order passed by this Court on 30.06.2025 has not been complied with and has prayed for dismissal of the appeal.

On 25.09.2025, this Court further noticed that even PF and Notices have not been filed and time was granted to do the needful whereafter the learned counsel for the respondent has put in appearance and have pointed out the aforesaid aspects of non- compliance.

On 05.03.2026, this Court granted further time to the appellants to take instructions and the learned counsel submits that due to paucity of funds, they are unable to deposit the amount.

In view of above, the appeals stand dismissed for non-compliance of order dated 30.06.2025. 5. All pending applications also stand disposed of. (ASHUTOSH KUMAR),J (SANJEEV PRAKASH SHARMA),ACTING CJ Gaurav/Riya/79

Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.