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2026 Supreme(Raj) 45

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
A. U. Small Finance Bank Limited – Appellant
Versus
Amberwala, Through Partner Hariom S/o Rameshchandra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajendra Singh Rathore Mr. Amit Singh, Mr. D.S. Shekhawat
For the Respondent: Mr. B.K. Vyas, Mr. Krishna Kant Vyas, Mr. Saurabh Kant Vyas, Mr. Sanju Jha

ORDER :

SUNIL BENIWAL, J.

1. This writ petition has been filed by the petitioners with the following prayer :-

“It is, therefore, most humbly and respectfully prayed that the instant writ petition may kindly be allowed and the impugned award dated 16.01.2024 (Annexure-4) passed by the learned Permanent Lok Adalat, Bikaner (Rajasthan), in Application no.122/2022 may kindly be quashed and set- aside and the application filed by the applicant/respondent under section 22(C)(1) of The Legal Services Authorities Act, 1987 (Annexure/2) may kindly be rejected as such.

Any other appropriate order which this Hon’ble Court deems proper and just in favour of the petitioner may kindly be passed.”

2. The facts, in nutshell, as narrated in the present writ petition, are that the petitioner-Bank herein provided an Overdraft facility on 31.01.2019 to the respondent-firm. Subsequently, on 28.11.2019, the petitioner – Bank credit was changed to Rs.176 lacs for Agri Enterprise Overdraft Limit, Rs.72.60 lacs for Agri Enterprise Term Loan one, Rs.55.84 lacs for Agri Enterprise Drop Line Overdraft Limit and Rs.49 lacs for Agri Enterprise Term Line Two. An application was submitted by the respondent-firm for

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