- (1.) BY THE COURT: This review petition has been filed on the ground that while deciding the case of M/s NLP Organics Pvt. Ltd. & Ors. Vs. RFC, in SBCMA No. 208/2005 on 21.8.2006, while setting aside the impugned order in that case, this Court had given the liberty to initiate the proceeding under Section 31(1) of the State Financial Corporation Act, 1951 ('the Act, 1951', for short) to the Rajasthan Financial Corporation ('RFC', for short). However, the said liberty has not been given in the judgment dated 15.09.2006. Therefore, a limited prayer has been made that the same liberty should be extended to the RFC in the present case also.
(2.) ON the other hand, Ms. Gayatri Rathore, the learned counsel for respondent No.1, has vehemently contended that the loan amount that is involved is merely Rs.1.86 lacs for which the RFC has already seized the property of the non-petitioner-appellant, namely the truck and the truck has depreciated in value. Therefore, no fruitful purpose would be served by giving the liberty to the RFC to re-initiate the proceeding under Section 31(1) of the Act, 1951. Heard the learned counsel for the parties. According to the Act, the RFC is certainly entitled to recover its loan amount, no matter how low or high the loan amount may be. Since this Court had given the liberty to the RFC in the case of M/s NLP Organice Pvt. Ltd. (Supra), this Court has no other option, but to give the same liberty to the RFC in the present case. After all, this Court cannot afford the luxury of passing two contrary judgments on the same issue. Since the said liberty has not been given in the present case, therefore, the judgment dated 15.9.2006 is modified to the limited extend that ?the RFC shall be free to initiate the proceeding under Section 31(1) of the Act of 1951. In case, it does so, then the trial court is directed to decide the case within a period of six months from the date of filing of the application under Section 31(1) of the Act of 1951. The parties are directed to cooperate with the trial court for getting the case adjudicated within the stipulated period. While deciding the case, the trial court is directed to keep the principles, as stated in the present judgment, in its mind?. With these modification, this review petition is, hereby, allowed.;