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1993 DIGILAW 826 (RAJ)

Ratan Industrial Corporation v. Rajasthan Financial Corporation

1993-12-16

A.K.MATHUR

body1993
JUDGMENT 1. - Heard learned Counsel. I have perused the writ petition.The Petitioner by this writ petition had prayed that the order passed by the Respondents on 17.1 1.1988 may be quashed and the Respondents may be restrained from taking action against the Petitioner under Section 29 of the Rajasthan Financial Corporation Act, 1951. 2. The Petitioner is registered partnership firm and it established a factory at Industrial Area, Jodhpur for manufacturing of Gwar Gum. The Petitioner was sanctioned a loan in a sum of Rs. 3,95,000/-. out of This a sum of Rs. 3,92,000/- were disbursed on 20.10.1981. The Petitioner was regularly paying interest but later on because of certain difficulties he could not pay the amount of the loan, therefore, the Finance Corporation issued a Notice on 17.11.1988 (Anx. 3) and raise a demand in a sum of Rs. 14,63,281/-. Therefore, the Petitioner had filed the present writ petition. 3. A reply has been filed by the Respondents and they have submitted that the Petitioner has committed a default and the amount of approximately 22 lacs are due against the Petitioner now. 4. Both the learned Counsel submit that the factory has already been taken over by the Finance Corporation. Mr. Joshi, learned Counsel for the Petitioner submits that he will make a representation to the Respondents for re-schedulement of the loan and that may be considered sympathetically. The Petitioner has not paid the amount of loan since 1988 and by this time the amount has almost doubled up. Therefore, no relief in this writ petition can be given to the Petitioner as the Petitioner has not been able to adhere to the schedule of repayment of the loan. 5. However, in case any application for re-schedulement of loan is made before the authorities within one month then they may consider the matter sympathetically within a period of two months thereafter it will be open for them a proceed against the Petitioner in accordance with law.With these observations the writ petition stands disposed of.Ordered accordingly. *******