1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER S.B.Civil Writ Petition No.2678/2001 (Union Bank of India, Nariman Point, Mumbai Vs. State of Rajasthan & Ors.) Date of Order :- 28.01.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Mahendra Shah, for the petitioner. Mr.J.M. Saxena, for the respondents. The petitioner, Union Bank of India and the Sales Taxes Department, respondent No.2 are fighting over the recovery of the amount, due to each one of them, from the M/s. Super Cables Machines (India) Pvt Ltd, the respondent No.4. According to the petitioner, they had granted a loan to the respondent No.4 as far back as 1998. However, the respondent No.4 failed to repay the said loan. Therefore, an application was filed before the Debt Recovery Tribunal, Jaipur. Meanwhile, according to the respondent No.2, initially the respondent No.4 owed them 16.56 lacs, but presently it owes them Rs.19,52,549/- along with interest. Thus, both the parties, the petitioner and the respondent No.2, are claiming their rights over the property which belongs to respondent No.4 and which is about to be auctioned. 2 Mr. Mahendra Shah, the learned counsel for the petitioner, states that the proceedings for auction and for recovery are already pending before the D.R.T. He further claims that in light of letter dated 15.05.2001 (Annexure-4) written by the Bank to the Revenue Department, the Bank shall be willing to pay Rs.19,52,569/- along with interest to the Revenue Department-respondent No.2. Mr. J.M. Saxena, the learned counsel for the Revenue Department, has no objection, if the Bank were to implement its undertaking as given in letter dated 15.05.2001. In light of these facts, it is expected that the Recovery Officer, D.R.T., Jaipur will auction the property in dispute expeditiously. The petitioner shall implement the undertaking as given by the Bank in its letter dated 15.05.2001 within the reasonable period. With these observations, this writ petition is disposed of. (R.S.CHAUHAN)J. Manoj Solanki