- (1.) The petitioner-defendant, Mohammed Wasim, has challenged the order order dated 16.05.2012 passed by the District Judge, Rajsamand, whereby the learned Judge while granting the leave to defend under Order 37 to the petitioner, has directed him to deposit the entire suit amount under protest before the court within a period of seven days.
(2.) The brief facts of the case are that the State Bank of Bikaner and Jaipur had filed a suit for money recovery against the petitioner and against Mr. Mohmmed Hanif, respondent No.2. According to the Bank, on 24.12.2007 the petitioner had applied for a loan under the Individual Loan Scheme. The Bank had sanctioned a loan of Rs.1,25,000/- to the petitioner. An agreement had been executed between the petitioner and the bank. According to the agreement, the petitioner had agreed to deposit the entire loan amount alongwith interest @16% per annum in sixty monthly instalments. On 28.12.2007, the petitioner had received the sanctioned loan amount, and respondent No.2 was the guarantor for the petitioner. Since the petitioner failed to deposit the instalments and interest, the bank instituted the suit.
(3.) Subsequently, the petitioner submitted an application under Order 37 Rule 3(5) of CPC seeking leave to defend the suit. Vide order dated 16.05.2012, as mentioned above, while the learned Judge granted the leave to defend to the petitioner, the learned Judge directed him to deposit the entire loan amount under protest before the court within a period of seven days.;