This order clarifies that the amount subject to dispute in a civil suit is the original sum demanded by the authority and not subsequent inflation, directing the petitioner to deposit Rs. 84,879/-.
Application allowed; order dated 18.2.2018 clarified to mandate deposit of Rs. 84,879/-.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 222/2018
M/s Maya Pashu, Proprietor Smt. Maya Devi Jain W/o Narendra Jain, By Caste Mahajan, Resident Of Hanuman Colony, Brijlal Nagar, Malpura, District Tonk Raj.
----Petitioner
Versus
Tonk Raj.
----Respondents
For Petitioner(s) : Mr. S.L.Sharma For Respondent(s) : Mr. Ashrut Sethi
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
04/01/2019
An application has been moved seeking clarification of the order dated 8.2.2018 informing that the original civil suit filed by the petitioner relating to demand raised by the RIICO for a sum of Rs.84,879/- and interest thereon, is pending, wherein the written statements have already been filed by the respondents and the original amount, as directed by this court vide order dated
(2 of 3)
[WMAP-222/2018]
8.2.2018, ought to be the amount mentioned in the plaint and is subject matter of dispute before the civil suit.
Learned counsel appearing for the respondent submits that the original amount as directed by this court ought to be the amount which now the respondents are claiming from the petitioner. An affidavit in this regard has been filed by the RIICO explaining the inflation of original amount which was demanded at the time when the suit was filed.
I have heard learned counsel and found that the writ petition filed by the petitioner as against the respondents RIICO was in relation to an order passed by the Appellate Court whereby the interim order passed by trial court was modified. This court after hearing the parties passed an order on 8.2.2018 directing the RIICO to issue a letter demanding original amount and the interest calculated on the same. If such an amount is demanded, the petitioner shall deposit the original amount and that the interest part shall be deposited after final judgment is passed by this court.
In view of the order passed by court the original amount has to be treated as the amount which is the subject matter of dispute before the civil court and no further can be added to the demand letter unless the appropriate amendments are made in the written statements filed before the Civil Court.
In view thereof, the order dated 18.2.2018 is clarified to the extent that the original amount would be the amount, which was originally demanded by the RIICO and is subject matter of dispute before the Civil Court and the petitioner would be liable to deposit
(3 of 3)
[WMAP-222/2018]
the said amount of Rs.84879/-as demanded vide letter dated
5.2.2014.
Application is allowed.
(SANJEEV PRAKASH SHARMA),J
Anu/4
1 issue framed by the court
Whether the amount to be deposited by the petitioner remains the original sum demanded by RIICO or inflated demands subsequent to the original dispute.
M/s Maya Pashu, Proprietor Smt. Maya Devi Jain
Advisor Infra Riico Limited
Executive Director, Riico Limited
Regional Manager, Riico Limited, Kharda Industrial Area, Sawai Madhopur
Regional Manager, Riico Limited, District Udhyog Centre, Tonk
Sanjeev Prakash Sharma
As recorded by the court registry
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