- (1.) The matter comes up on an application No.41275/2013 for recall of the order dated 29.03.2012, passed by this Court.
(2.) The background facts of the application for recall of the order dated 29.03.2012 are that in the course of investigation into FIR No.43/2011, registered at Police Station Bapawarkala, Kota, notices under Section 91 Cr.P.C. were issued to the petitioner-Bank by the Additional S.P., Kota (Rural). The said notices were challenged in the present writ petition. Vide order dated 15.12.2011, this Court directed the petitioner-Bank to auction the goods pledged with it in view of the fact that they were perishable commodities. Consequently, the goods in issue were auctioned for a sum of Rs.3,26,98,023/- which was collected to the loan account of M/s. Mohan Lal & Sons and a further sum of Rs.2,14,47,934.25/- which was collected in the loan account of M/s Seth M.L. Goyal & Sons and as per the direction of this court, the same were kept in FDRs bearing Nos.00604070000590 & 00604070000608 respectively.
(3.) In view of the negative interest variable on the FDR accruing to the debtors account and the amount of bank interest payable on the outstandings of the debtors to the debtors gross disadvantage an application for modification of the order dated 15.12.2011 was moved before this Court wherein it was prayed that the FDRs for the sum of Rs.3,26,98,023/- and Rs.2,14,47,934.25/- respectively be adjusted in the loan accounts of the concerned debtors, M/s. Mohan Lal & Sons and M/s Seth M.L. Goyal & Sons respectively. It was stated that the petitioner-Bank would submit undertaking to the effect that in case any other person were held entitled for the said amount in the course of investigations in FIR No.43/2011, registered at Police Station Bapawarkala, Kota, the petitioner-Bank would pay the said amount to such person if determined in proper legal proceedings. Consequently, vide order dated 29.03.2012, this court modified its order dated 15.12.2011 and allowed the petitioner-Bank to appropriate the amount obtained from the auction against the outstanding dues of each of two parties stated hereinabove on the undertaking to the effect that the petitioner-Bank would repay the amount along with interest at the rate applicable to the FDRs if required under the direction of this High Court or in the course of any other legal proceedings. Consequently, in terms of the order dated 29.03.2012, the amounts were appropriated by the petitioner-Bank in the accounts of the respective parties and an undertaking was furnished before this court.;