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2006 Supreme(Raj) 2919

PRAKASH TATIA
Mudra Intermediates Pvt. Ltd. – Appellant
Versus
Sirohi District Commercial Co – Respondent


Advocates:
For the Petitioner:Sunil Beniwal, Advocate.
For the Respondents:Rajesh Joshi, Advocate.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The petitioner has challenged the auction notice dated 25.11.2004 (Annexure 15) and is seeking direction against the respondents for restraining them from auctioning the property of the petitioner mentioned in the auction notice dated 25.11.2004 and further the respondents may be restrained from taking any other action till the matter is finally decided by the RBI.

3. At the time of admission of the writ petition, it was submitted on behalf of the petitioner that the petitioner was willing to pay the loan amount but when the petitioner found that the respondents are demanding the amount which is not due in the petitioner and has wrongly calculated the interest and have not given credit of deposited amount, the petitioner raised objection, upon which, the respondents vide letter dated 28.4.2003 (Annexure 5) admitted that the respondent bank wrongly levied the interest of Rs.3,29,482/-and now they have corrected their account. It was also submitted that the petitioner submitted an application before the Banking Lokpal where the petitioner's application is still pending for consideration. It was also submitted by the petitioner's a

















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