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2002 Supreme(Raj) 1964

RAJESH BALIA
Vraj Tractors Industries – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Neeraj Jain and Avinash Acharya, Advocate.
For the Respondent:B.M. Bhojak, Advocate.

JUDGMENT

1. 1. Heard learned Counsel for the parties.

2. This writ petition is filed by the petitioner. The petitioner purchased the property in question at an auction held on 21,3.1990 by the Rajasthan Financial Corporation in exercise of its power under Section 29 of the State Financial Corporation Act. After the petitioner had obtained possession of the property, the first demand, which the petitioner received from the respondent District Industry Centre, was dated 9.4.1991 calling upon the petitioner to pay the amount due to District Industry Centre, Jodhpur, which was due to M/s. Jodhpur Auto Agric Products as the property purchased by the petitioner was subject to second charge in favour of the Centre, for the loan of margin money advanced to M/s. Jodhpur Auto Agric Products whose property the petitioner has purchased at auction conducted by the Rajasthan State Financial Corporation as aforesaid.

3. The petitioner disputed his liability to pay that amount on the ground that he has purchased the property only subject to liabilities payable to RIICO, RFC and RSEB, no other liability was made subject to auction and therefore, he is not liable to discharge debt payable by the origi










































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