Ratan Chemical Industries v. State Bank of Bikaner and Jaipur
2004-05-10
SUNIL KUMAR GARG
body2004
DigiLaw.ai
JUDGMENT 1. - This misc. application has been filed by the petitioner-applicant in S.B. Civil Writ Petition No. 1298/2004 which was disposed of by this Court vide order dated 9.4.2004 in the following manner : "If the petitioner deposits 25% of the amount of Rs. 17 lacs within 15 days from today and presents a fresh proposal before the respondents within that period, the proposal of the petitioner would be considered by the respondents sympathetically in accordance with the relevant provisions of the law." 2. In this application, it has been submitted by the learned counsel for the petitioner-appellant that due to inadvertence, in the order dated 9.4.2004, it has not been mentioned that "till the fresh proposal of the petitioner-appellant is considered and decided by the respondents sympathetically, no coercive measures be taken against the petitioner-applicant" and apart from this, it has been further submitted that since the respondents have been directed to decide the fresh proposal of the petitioner-applicant and in case, after depositing 25% of the amount of Rs. 17 lacs, liberty is given to the respondents to proceed further against the petitioner-applicant by taking coercive measures, depositing of 25% amount by the petitioner-applicant would be futile exercise on his part. Hence, it was prayed that necessary modification in the order dated 9.4.2004 be made to the effect that "till the fresh proposal of the petitioner-applicant is considered and decided by the respondents sympathetically, no coercive measures be taken against the petitioner-applicant." 3. A reply to the said application has been filed by the respondents and they have opposed the prayer made by the petitioner-applicant. 4. I have heard the learned counsel for the applicant-petitioner and the learned counsel for the respondents. 5. A bare perusal of the order dated 9.4.2004 reveals that the petitioner-applicant was directed to deposit 25% of the amount of Rs. 17 lacs, within 15 days and the respondents were directed to consider and decide the fresh proposal, which was to be submitted by the petitioner-applicant. 6. In my considered opinion, if a person is directed to deposit some amount and the other party is directed to consider and decide the fresh proposal of that person, in the intervening period, status quo should be allowed to be maintained and this aspect was missing in the order dated 9.4.2004. 7. Thus, for the reasons stated above, this misc.
In my considered opinion, if a person is directed to deposit some amount and the other party is directed to consider and decide the fresh proposal of that person, in the intervening period, status quo should be allowed to be maintained and this aspect was missing in the order dated 9.4.2004. 7. Thus, for the reasons stated above, this misc. application filed by the applicant-petitioner deserves to be allowed and the same is allowed and the order dated 9.4.2004 passed by this Court in S.B. Civil Writ Petition No. 1298/2004 is modified in the following manner : "(1) That now if the petitioner-applicant deposits 25% of the amount of Rs. 17 lacs within 15 days from today and presents a fresh proposal before the respondents within that period, the proposal of the petitioner-applicant would be considered by the respondents sympathetically in accordance with the relevant provisions of the law. (2) That till the fresh proposal of the petitioner applicant is considered and decided by the respondents, the status quo as it exists today shall be maintained by the respondents. (3) That the respondents are further directed to decide the fresh proposal of the petitioner-applicant within a period of two months from the date of receipt of the same from the petitioner-applicant." Writ Petition disposed of as per above directions. *******