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SHABBIR ALI & ANR v RFC, JAIPUR - CMA Case No. 1612 of 2006  RD-RJ 3185 (5 July 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL MISC. APPEAL No. 1612 of 2006
SHABBIR ALI & ANR
Mr. SURESH SHRIMALI, Mr. RAJESH CHOUDHARY, for the appellant / petitioner
Mr. BM BHOJAK, for the respondent
Date of Order : 5.7.2007
HON'BLE SHRI N P GUPTA,J.
Heard learned counsel for the parties.
In view of the judgments of Hon'ble the Supreme
Court in Everest Industrial Corporation & Ors. Vs. Gujarat
State Financial Corporation reported in AIR 1987 SC 1950 and The Maharashtra State Financial Corporation Vs.
M/s.Jaycee Drugs & Pharmaceuticals Pvt. Ltd. & Ors., reported in 1991(2) SCC 637, and Maharashtra State
Financial Corporation Vs. Alok K. Agrawal reported in 2006
(9) SCC 617, the proceedings before the Court below are proceedings in a nature of execution, and in the present case notice was given to the appellant to file the reply.
Unfortunately, thereafter the learned trial Court proceeded to record the evidence, and try the application as a suit, and even in that trial, though the appellant filed reply, but did not lead any evidence. As such, to say the least, learned trial Court has rather erred in favour of the appellant, in trying the matter as a suit. However, as appears from para 6 of the impugned judgment that the only stand taken on behalf of the appellant to oppose the recovery was of total denial of execution of any loan document, or guarantee document, and has also denied to have taken any loan, while the documents have clearly been proved on record.
In that view of the matter, I do not find any sufficient ground to interfere with the impugned order. The writ petition is, therefore, dismissed summarily.
( N P GUPTA ),J. /tarun/
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