VIJAY BISHNOI,J. - (1.) The petitioner, which is a company registered under the Companies Act , 1956, has filed this writ petition through its Director, Shri Sunil Kumar Jain seeking following reliefs: "It is, therefore, respectfully prayed that record of the case may be called for an by an appropriate writ, order or direction : (i) The impugned advertisement / auction notice dated 16.3.2013 (Anx.5) to the extent of the petitioner company may kindly be quashed and set aside and directions may be issued to the respondent RFC to consider the proposal of the petitioner company for waiver of penal interest and reduction in the rate of interest at par with rate of interest charged by the RFC during the contemporary period and give consequential relief to the petitioner company. (ii) Any other relief to which the petitioner is entitled, may be granted in his favour. (iii) The writ petition my be allowed with costs."
(2.) The facts, inter alia, involved in this writ petition, as summarized by this Court for adjudication are that the petitioner- company was granted a term loan of Rs.2.41 crores by the Rajasthan Financial Corporation (hereinafter to be referred as 'the RFC') on 29.12.1999. Thereafter another loan of Rs.27.54 lac was disbursed to the petitioner-company by the RFC on 20.04.2001. The petitioner-company committed default in repaying the loan, and the respondent-RFC issued a notice to it asking to repay the entire loan with outstanding interest. The petitioner-company being aggrieved with the action of the respondent-RFC preferred SBCWP No.456/2005 before this Court, however, the learned Single Judge vide order dated 15 th September, 2006 disposed of the said writ petition while observing that there is no force in the same. The order dated 15th September, 2006 passed in SBCWP No.456/2005 is reproduced hereunder: "Heard. If the RFC has settled the cases of the other person who are similarly situated to the petitioner they will hear the petitioner as well. The petitioner will supply the name of three such persons whose cases the RFC has decided regarding which he is claiming discrimination. If he names three persons then the respondent RFC will consider the case of the petitioner. If the RFC has not considered the cases of other similarly situated persons then they are not bound to consider the case of the petitioner they may independently do it in the matter of the petitioner. In that view of the matter there is no force in the writ petition, the same is hereby disposed off. If the petitioner makes a representation to the respondents the same will be considered."
(3.) Being aggrieved with the same, the petitioner-company preferred Special Appeal Writ No.888/2006 before Division Bench of this Court, which was disposed of by order dated 13.08.2008. The order dated 13.08.2008 is reproduced hereunder: "Learned counsel for the appellant submits, that he may be granted, time up to 31.3.2009, for settlement of the entire accounts, by the appellant's own resources or by obtaining financial assistance, from other financial institution, taking benefit of the NOC, issued by the RFC, and also submits, that the respondents be directed to provide the statement of accounts, and also waive 50% of the penal interest, as was agreed, during the earlier negotiations. In our view, the time prayed for is very long. However, looking to the magnitude of the amount involved, we think it appropriate to grant the time, ofcourse, subject to the conditions of the appellant's depositing minimum amount of Rs.10,000,00/- per month, till 31.3.2009, or till the account is cleared up, whichever is earlier. First payment, to be made on or before 01.9.2008. The respondents are also directed to provide statement of accounts to the appellant. So far as the request of waiver of penal interest is concerned, the appellant may submit representation to the respondents as to in what circumstances, earlier negotiations took place and, what are the entitlements for the appellant, for waiver, and the same shall be considered by the respondent, on its own merits objectively and dispassionately. This disposes of the writ petition and the appeal. It is however clarified that if the appellant, fails to pay the aforesaid amount, in any month, the writ petition and the appeal shall stand dismissed, unconditionally." ;