CW-1975/03 -Dinesh & Co.Vs.Addl.Distt. & Sessions Judge,No.3, Jodhpur & Ors. : Order dt.14.3.08 1/2 S.B. CIVIL WRIT PETITION NO.1975/2003 Dinesh & Company Vs. Additional District & Sessions Judge, No.3, Jodhpur & Ors. Date : 14.03.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Dinesh Mehta for the petitioner. Mrs. R.R. Kanwar, Addl. Government Counsel. --------- 1. This writ petition was filed being aggrieved by the order of leaned trial court rejecting temporary injunction application No.307/1999 on 23.8.2007 in relation of recovery of subsidy given to the petitioner for setting up of industrial unit. 2. This Court by an interim order dated 6.5.2003 directed the petitioner to deposit 50% of such amount demanded back from the petitioner and subject to that deposit the Court restrained further coercive process for recovery of such subsidy from the petitioner. 3. The said interim order dated 6.5.2003 was confirmed by this Court on 26.5.2006. 4. The learned counsel for the petitioner fairly submits that the said 50% amount in question has already been deposited by the petitioner in pursuance of directions of this Court dated 6.5.2003 and the petitioner may be relegated to the civil suit already filed by him CW-1975/03 -Dinesh & Co.Vs.Addl.Distt. & Sessions Judge,No.3, Jodhpur & Ors. : Order dt.14.3.08 2/2 which is pending in the Court of learned Addl. Civil Judge (JD), No.2, Jodhpur. 5. In view of the facts and circumstances of the case, it is considered expedient to dispose of this writ petition by allowing the petitioner to pursue his remedy by way of civil suit which is already pending in the trial court with the stipulation that the interim order granted by this Court on 6.5.2003 shall continue till the disposal of the said suit. The learned trial court is requested to try the said civil suit expeditiously & decide the same preferably within a period of one year from today. 6. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.5 babulal/-