1. - A challenge has been made to the order dated 20.5.2004 passed by the learned Additional District Judge, Dholpur (hereinafter 'the trial court') effectively passing a money decree of Rs. 80,352/- against the defendant appellant (hereinafter 'the defendant firm') along-with interest @ 9% p.a from the date of filing of the application under section 31(1)(a)(aa) of the State Financial Corporation Act, 1951 (hereinafter 'the Act of 1951') till the date of payment of the amounts due.

2. Counsel for the defendant firm has submitted that the order dated 20.5.2004 passed by the trial court is ex-facie contrary to law as it has been consistently held by the Hon'ble Apex Court as also this Court that a money decree cannot be passed on an application under section 31(1) of the Act of 1951. Reference has been made to the Judgments of this Court in the case of M/s. N.L.P. Organics Pvt. Ltd . E Ors. v. Rajasthan Financial corporation, AIR 2007 Rajasthan 10 and the judgment of this Court in the case of M/s. O.K Gaur & Company v. Rajasthan Financial Corporation, 2000 (3) WLC 736 in support of the contention.

3. Mr. Alok Garg counsel appearing for the applicant Rajasthan Financial Co