- (1.) The present appeal has been filed by the appellant-plaintiff under Order XLIII Rule 1 (r) of CPC, challenging the order dated 03.10.2015 passed by the Additional District Judge, No.9 Jaipur Metro (hereinafter referred to as "the trial court") in Civil Misc. (T.I.) Application No.09/15.
(2.) The short facts giving rise to the present appeal are that the appellant-plaintiff has filed the suit seeking cancellation of the certificate dated 01.10.2013 of recovery issued by the respondent No.1-defendant No.1, under Section 4 of the Rajasthan Public Demands Recovery Act, 1952 (hereinafter referred to as "the said Act") and seeking declaration that the appellant-plaintiff was not liable to pay the said amount under the certificate and also for consequential reliefs. The appellant also had filed the application for temporary injunction seeking stay of the operation of the order dated 27.01.2015 passed by the respondent No.1, rejecting the application of the appellant under Section 8 of the said Act and for restraining the respondent No.1 from encashing the demand draft of Rs.4,18,04,735/- deposited by the appellant under protest, and further restraining the respondent No.1 from remitting the said amount to the respondent No.2. The said application has been dismissed by the trial court vide the impugned order and hence the present appeal has been filed.
(3.) It is sought to be submitted by the learned Senior Counsel Mr. R.N. Mathur for the appellant, relying upon various provisions of the said Act that the trial court had committed an error in holding that the application of the appellant seeking temporary injunction was not maintainable in view of alternative remedy available to the appellant under Section 23-A of the said Act. He further submitted that when the trial court had found that the suit of the appellant was maintainable under Section 20 of the said Act, the trial court could not have held that the application for temporary injunction was not maintainable. According to him as per the proviso to Section 16, when the amount has been deposited under protest, the same could not have been forwarded by the Collector to the department concerned, till the suit was finally disposed of.;