SANJEEV PRAKASH SHARMA, J. - (1.) The petitioner by this writ petition prayed to set aside the order dated 07.02.1997 passed by the Sub-Divisional Officer, Bhilwara whereby order for recovery of amount due was issued by the SDO and a sale proclamation for the property of the petitioner was made.
(2.) This Court vide order dated 17.08.1998 passed the following order:- "Heard. Issue notice of the stay application as well. The petitioner undertakes to deposit a sum of Rs.90,000/- which according to him would be payable by him even after the deductions made in terms of the decision of the Hon'ble Supreme Court reported in 1994 (5) S.C.C. 213. In addition to the above, the upto date interest would also be paid. Learned counsel submits that the petitioner may be granted six months time to deposit the amount. The petitioner is granted six months' time to deposit the sum of Rs.90,000/- tentatively arrived at and further interest which would accrue against him within these six months. If this amount is paid within the stipulated period of six months the auction which is going to take place today will not be held by the respondents and any action taken under the proclamation notice would not be confirmed. After six months the respondent will review the matter and if the amount is paid then they will proceed to make adjustment and if the payment is not made then they will be at liberty to proceed with the auction."
(3.) The petitioner has filed a counter to the additional affidavit filed on behalf of the respondent-Bank on 21.09.2016 stating that he had taken three agricultural loans from the respondent-Bank (earlier the Rajasthan Bank Limited now ICICI) amounting to Rs.1,10,000/- in all (Rs.70,000/- + Rs.30,000/- and Rs.10,000/-). The petitioner has stated further that he has deposited the entire amount with the respondent-Bank along with interest @ 12.5% per annum. Statement of amount deposited by the petitioner has also been annexed with the additional affidavit wherein for the principal amount of Rs.70,000/-, interest of Rs.75,105/- for a period of 8 years and 7 months has been calculated, for the principal amount of Rs.10,000/-, interest of Rs.9,063/- for a period of 7 years and 3 months has been calculated and for the principal amount of Rs.30,000/-, interest of Rs.21,250/- for a period of 5 years and 8 months has been calculated. It is stated that a sum of Rs.1,56,000/- had already been deposited out of the total due, i.e., Rs.2,15,418/-. The difference amount of Rs.59,418/- with interest @ 12.5% p.a. for the period from 01.07.1994 to 18.08.1998 has been calculated amounting to Rs.30,328/-. It is stated that thus total sum, as on 15.08.1998, was Rs. 89,746/- and as on 16.02.1999, it was Rs.96,500/- which has been deposited in terms of the interim order dated 17.08.1998.;