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KANHAIYA MEENA v MANAGING DIRECTOR SAWAI MADHOP - CW Case No. 5346 of 2007  RD-RJ 3680 (31 July 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO. 5346/2007
MANAGING DIRECTOR, SAWAI MADHOPUR CENTRAL CO-OPERATIVE
BANK LTD., SAWAI MADHOPUR & ORS.
HON'BLE MR. K.S. RATHORE, J.
Mr. Naveen Dhuan for the petitioner.
This is the second round of litigation.
Earlier also the petitioner had filed a writ petition before this Court which was registered as S.B. Civil
Writ Petition No. 6197/2005, wherein this Court vide its order dated 16.02.2006, given liberty to the petitioner to submit the receipt of deposits made by him before the respondent Bank within a period of 15 days from the date of passing of the order and thereafter after adjusting the amount so paid by the petitioner, the respondent Bank shall issue a fresh statement of account showing the entire outstanding amount within a period of 15 days and further proceedings of auction were also stayed for one month.
The respondents were also given liberty to proceed further in case the petitioner failed to deposit the entire amount even after issuing fresh statement of account.
It appears that the respondents have issued a demand notice for Rs. 1,99,069/- and it also appears that the petitioner failed to deposit the amount, therefore, auction proceedings afresh have been initiated as per the earlier order of this Court. Now again same issues are raised in this writ petition that the amount shown is not correct.
It appears that the petitioner is not interested to deposit the amount and wants to challenge the demand notice on the one or other pretext.
In view of these facts and circumstances of the case, I find no merit in the writ petition.
Consequently, the writ petition fails and the same is hereby dismissed.
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