HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 207/2022
Rajasthan Finance Corporation & Anr.
----Appellants
Versus
Bank Of Baroda & Ors.
----Respondents
For Appellant(s) : Ms. Manju Jain For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/07/2022 Counsel for appellant- Rajasthan Finance Corporation submits that respondent Nos.2 and 3 borrow loan from Rajasthan Finance Corporation as well as from the Bank of Baroda on hypothecation/ mortgage of his factory and machinery etc. In order to recovery of loan amount, a tripartite agreement dated 17.12.2003 (Exhibit 12) was executed between parties and as per this agreement, Rajasthan Finance Corporation was given first charge and the Bank of Baroda was given second charge to realize the due loan.
Counsel for appellant submits that even the entire loan of Rajasthan Finance Corporation is not yet recovered, the trial Court has committed error in passing the impugned decree for recovery against appellant and in favour of respondent-plaintiff- Bank.
Heard.
Appeal is admitted.
Issue notice to respondents.
Record of the trial Court be summoned. (Downloaded on 08/07/2022 at 09:51:37 PM)
(2 of 2) [CFA-207/2022] In the meanwhile and till further orders, the execution of impugned judgment and decree dated 07.01.2022 shall remain stayed.
(SUDESH BANSAL),J NITIN /15 (Downloaded on 08/07/2022 at 09:51:37 PM) Powered by TCPDF (www.tcpdf.org)