Khali Ahmed vs R F C & Ors on 4 November, 2009

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             S.B. CIVIL MISC. APPEAL NO.235/1997
    (Khalil Ahmed Vs. The Rajasthan Financial Corporation & Ors.)




               Date of order        ::    04.11.2009


         HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS


Mr.Narendra Singh, for the appellant.
Mr.S.G. Ojha               ]
Mr.Sanjay Nahar on behal of]
Mr.P.K. Bhansali           ] for the respondents.




              The application filed under Order 22 Rule
3     read    with    Section    151          CPC,     so       also,   the
application        under    Order        22     Rule        9    alongwith
Section 5 of the Limitation Act are allowed for
the reasons mentioned in the applications.                              The
amended cause title is hereby taken on record.



              Heard learned counsel for the parties and
perused the impugned order dated 07th April, 1997.

              The learned trial court vide its order
dated 07th April, 1997 dismissed the application of
the appellant filed under Order 39 Rule 1 and 3
alongwith Section 94 read with Section 151 CPC.



              In this appeal on 21st May, 1998 while
passing       following     order        stay        application        was
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disposed of:-

                    "The basic objection of learned
               counsel for the appellant is that
               respondent-R.F.C. before putting the
               property to auction, has not got the
               property valued and in view of the
               judgment in the case of Mahesh
               Chandra the property was required to
               be valued.    Learned counsel for the
               appellant submits that property is
               valued to the tune of Rs.50 lacs.
               The figure appears to be highly
               inflated.     However, the figure if
               reduced    by    30    lacs     and    an
               opportunity     is    given    to     the
               appellant     that    he    may     bring
               purchaser for Rs.30 lacs, then the
               appellant will make an application
               in this regard.       Counsel for the
               R.F.C. has no objection if this
               opportunity    is    granted    to    the
               appellant. The appellant to make an
               endeavour that property at the price
               of Rs.30 lacs may be sold.            One
               month's time is granted to make an
               effort to get the property sold at
               the above price by 20th June, 1998.
               He must take all necessary steps in
               this    regard     and     submit     the
               purchasers and purchase money to
               R.F.C. as required by R.F.C.           In
               case, the appellant fails to bring
               any purchaser then respondent-R.F.C.
               will be at liberty to deal with the
               property in any manner as it deems
               fit and proper.          It will also
               consider if any other proposal put
               forward by the appellant.
                    With these observations,               the
               stay petition is disposed of."


               The above order is hereby made absolute
and this appeal is disposed of with the direction
to   the   trial      court   to     decide   the   suit    itself
within     a    period   of   six    months   because      suit   is
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           pending since 1997 and this appeal is also pending
           since 1997.   However, the stay order whatever is
           in existence till today shall remain in force till
           disposal of the suit.


                                          (GOPAL KRISHAN VYAS),J.

A.K. Chouhan/-