R. Dayal, J. - (1.) THIS appeal is directed against order dated 30.10.1995 passed by the Civil Judge, Nainital in Original Suit No. 236 of 1995 rejecting the application under Order 39 Rules 1 and 2 of the Civil Procedure Code moved by the plaintiff -appellants for temporary injunction restraining the respondent Corporation from recovering the amount of Rs. 25,00,000/ - outstanding against the appellants on account of loan advanced to them until and unless the appellants were extended cash credit facility from the bank for running their units smoothly and for making repayment of the loan. The respondent -corporation by letter dated 31.3.1994 agreed to enter into one time settlement subject to the appellants depositing Rs. 4,10,000/ - in March, 1994 and Rs. 9.90 lacs in monthly instalments of Rs. 1.65 lacs from April, 1994 to September, 1994. By this letter the appellants were advised to comply with the letter and to remit the payment as per schedule. This letter was in response to the appellants' letter dated 19.3.1994, Annexure 10, according to which the appellants had offered to pay Rs. 4 lacs on 31.3.1994, Rs. 2 lacs on 31.7.1994, Rs. 2 lacs on 31.10.1994, Rs. 2 lacs on 31.1.1995, Rs. 2 lacs on 30.4.1995 and Rs. 2 lacs on 31.7.1995. Learned counsel for the appellants submits that breathing time was not given to them in as much as the appellants were required to pay Rs. 4,10,000/ - by letter dated 31.3.1994 which was not possible. It is true that literal compliance of this letter was not possible. However, the fact remains that more than twenty months have passed and the appellants have not made the payments according to the schedule, they themselves offered by letter dated 10.3.1994 for one time settlement. We see no merit in this appeal and the same is hereby dismissed in limine.
(2.) On the request of learned counsel for the appellants it is made clear that it shall be open to the Corporation to enter into negotiation with the appellants with regard to one time settlement otherwise in instalments.`;