HAJI MOHAMMAD ISMAIL Vs. DEBT RECOVERY TRIBUNAL JAIPUR
LAWS(RAJ)-2012-7-220
HIGH COURT OF RAJASTHAN
Decided on July 27,2012

HAJI MOHAMMAD ISMAIL Appellant
VERSUS
DEBT RECOVERY TRIBUNAL JAIPUR Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the appellant.
(2.) THIS appeal is directed against the interim order dated 22.05.2012 passed by the Single Bench in S.B. Civil Writ Petition No.14328/2008, whereby application filed by appellant for clarification/modification of the order dated 10.01.2012, has been dismissed. Submission of the learned counsel for appellant is that in the order dated 10.01.2012, it was specifically mentioned that total outstanding amount is Rs.3,50,000/-, out of which Rs.1,50,000/- has been deposited and remaining amount of Rs.2,00,000/- was to be deposited in installments. The appellant had already deposited Rs.3,50,000/- up to 10.01.2012, but receipts of the same were not available, therefore, the same were not produced. However, on the basis of incorrect statement of learned counsel for the Bank, interim orders passed in favour of appellant have been vacated by the Single Bench. Be that as it may, since present appeal is directed against the interim order, therefore, we are not inclined to interfere in it. The special appeal is, accordingly, dismissed. Stay Application No.9484/2012 also stands dismissed. However, a liberty is granted to appellant to file second stay application before the Single Bench, along with receipts of Rs.3,50,000/-, in case the same had already been deposited by him up to 10.01.2012. ;


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