- (1.) Heard the learned counsel for the appellants and the respondent.
(2.) This appeal has been filed under Section 32(9) of the State Financial Corporation Act, 1951 against the decree dated 24-2-1994 passed by the Additional District and Sessions Judge No. 3, Jodhpur in Civil Misc. Case No. 4A/1993 Rajasthan Financial Corporation v. M/s. O. K. Gaur and Company and another.
(3.) A perusal of the record of the lower Court shows that an application under Section 31(1)(aa) of the State Financial Corporations Act, 1951 was filed by the respondents in the Court of Additional District and Sessions Judge No. 3, Jodhpur with the prayer for reliefs enumerated in para No. 16 of the application. Reply was filed by the non-applicant-appellants. Issues were framed and after hearing the parties, the Additional District and Sessions Judge No. 3, Jodhpur passed the judgment dated 24-2-1994. The Additional District and Sessions Judge No. 3, Jodhpur passed the decree passed the decree against the appellants for the sum of Rs. 64,855/- with interest at the rate of 22% per annum with quarterly rest. It was also directed by the Additional District and Sessions Judge No 3, Jodhpur that plant, machinery and land property which had been hypothecated in favour of the applicant shall be auctioned for the recovery of the decretal amount.;