- (1.) By way of this appeal, the original petitioner has assailed the judgment and order of the learned Single Judge whereby learned Single Judge has dismissed the petition on 13.6.2006.
(2.) Counsel for the appellant contended that in the original petition which was filed by the petitioner, he has claimed for following relief:- "i. issue a writ of certiorari or a writ, order or direction of similar nature quashing and setting the orders dated 4.10.2001, 26.11.2011, 11.1.2002 and the notice dated 27.11.2002. ii. issue a writ of mandamus or a writ, order or direction of similar nature directing that the remainder subsidy sanctioned to the petitioner company vide letter dated 31.3.94 be disbursed to the petitioner company along with 18% interest thereon till the date of payment."
(3.) He further contended that in another appeal preferred by the present appellant being D.B. Special Appeal (W) No.777/2006 wherein in a Civil Misc. Application No.23745/2009 on 19.8.2009, the Division Bench has passed the following order:- "1. This appeal has been preferred against the order dated 13.06.2006 whereby the writ petition of the appellant-petitioner, seeking to release the documents of Plot No. A 1131 situated at Industrial Area, Phase-III, Bhiwadi pledged with RIICO as guarantee for obtaining loan, has been dismissed. 2. The appellant-petitioner applied for subsidy under the State Capital Investment Subsidy Scheme in the year 1990 which was sanctioned by the State Level Committee. Amount of subsidy sanctioned was to the tune of Rs. 17,82,070/-. Half of the subsidy amount i.e. Rs. 8.91 lakhs was paid to the appellant. The factory for which the subsidy was obtained could be made operative because of the electric disconnection. The appellant failed to make payment to the RIICO through whom the subsidy was paid to the appellant. The RIICO sought to recover it and approached the Collector to recover the subsidy under the Rajasthan Public Demands Recovery Act, 1952(for short 'the Act'). 3. The Collector issued notice dated 27.11.2002 and a certificate was also issued for a sum of Rs. 18,95,755/- under Section 4 of the Act. The RIICO also raised a demand vide letters dated 04.10.2001, 26.11.2001 and 11.01.2002. 4. Aggrieved of these orders, the appellant approached the Court by way of writ petitions for release of balanced subsidy and release of the documents. The learned Single Judge has dismissed the writ petitions vide judgment dated 13.06.2006. Against this order, two separate appeals have been filed, one for release of the balanced subsidy and another for release of documents. We are dealing with the appeal which pertains to release of the documents. 5. Today, an application for release of the documents has been listed before the Court wherein it has been stated by the appellant-applicant that the appellant is prepared pay a sum of Rs. 8.91 Lakhs which has been released as subsidy out of the sanctioned subsidy of Rs. 17,82,070/-. 6. Learned counsel for the respondents have objected submitting that the total amount along with interest at present is Rs. 27,96,885/- and if the documents are released, the respondents shall be able to recover the balance amount from the appellant. 7. We have proposed to the learned counsel for the parties that if the appellant deposits a sum of Rs. 8,91,000/- in cash and offers a bank guarantee for the rest of the amount to the respondents, the interest of the respondents shall be protected. Learned counsel for the respondents at the instance of the representatives of the RIICO has submitted that interest shall accrue every year and that also needs to be protected. Learned counsel for the appellant has no objection thereto also. 8. Therefore, we dispose of the appeal as well as the application in the following terms: (i) The appellant shall deposit in cash Rs. 8,91,000/- with the respondents and for the balance amount along with the interest till end of July, 2009, which comes to Rs. 19,05,885/-, the appellant shall furnish bank guarantee to the respondents and shall renew the same every year. (ii) The appellant shall also submit bank guarantee yearly to the respondents for the future interest accrued on the subsidy and shall renew the same yearly. (iii) In case the appellant succeeds in the Special Appeal No. 799/2006 wherein he has sought the relief of release of balance amount of subsidy, he shall be entitled to interest at the same rate.";