- (1.) Leave granted.
(2.) This appeal arises out of the order dated 25.05.2016 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur, in S.B. Civil Misc. Appeal No. 430 of 2013 in and by which the High Court has dismissed the appeal and thereby confirming the order passed by the courts below refusing to condone the delay in filing the application under Order 9 Rule 13 CPC to set aside the decree passed in Civil Suit No. 02/2004.
(3.) The respondent- Shashi Bala and her husband viz. P.C. Agrawal took loan and an amount of Rs. 65,00,000/- (Rupees sixty five lakhs) disbursed to them. Since the repayment schedule was not adhered by them, they were declared defaulters and the machineries and assets of M/s. Pankaj Cement (P) Limited was sold. When the appellant(s)-Corporation was about to take steps for recovery of the balance amount from the respondent and her husband who were the guarantors, the respondent filed the Civil Suit No. 02/2004 seeking for permanent injunction and praying that the assets of the directors/guarantors are not to be attached.;