M/S. SOMANI SPINNERS IRANS, BHILWARA & 4 ORS. Vs. RAJASTHAN FINANCIAL CORPORATION, JAIPUR & ORS.
LAWS(RAJ)-2002-1-180
HIGH COURT OF RAJASTHAN
Decided on January 25,2002

M/S. Somani Spinners Irans, Bhilwara And 4 Ors. Appellant
VERSUS
Rajasthan Financial Corporation, Jaipur And Ors. Respondents

JUDGEMENT

Bhagwati Prasad, J. - (1.) The present writ petition is filed in the background that the petitioner has already filed a civil suit in the trial Court and has lost his injunction application there. The civil suit is still pending. According to the learned counsel for the petitioner the prayer in the civil suit is to the effect that a permanent injunction should be granted against the respondent-Rajasthan Financial Corporation not to take possession under Section 29 of the State Financial Corporation Act, 1951 and the respondents should not charge any penal interest from the petitioner. The prayer in the civil suit is in fact the same as that in the writ petition. Since the petitioner wants to settle the accounts, no action should be taken against him until the accounts are settled.
(2.) The petitioner is under contractual agreement to make payment. Having been unsuccessful in Civil Court, petitioner approached this Court. In the opinion of the Court such action cannot be appreciated. The petitioner had already availed the chance of an alternative remedy. The Court has adjudicated against him in his injunction application. In view thereof, no interference is called for under Article 226 of the Constitution of India. The writ petition is dismissed. Writ Petition Dismissed.;


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