// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil First Appeal No.146/1994 {Narendra Kumar Modi Vs. The Rajasthan Financial Corporation and Others} Date of Order ::: 23.03.2009 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Brijesh Yadav, Advocate, for Shri Anil Mehta, Counsel for appellant Shri Raj Deepak Rastogi, Advocate with Shri Sumit Rawat, Counsel for respondents #### By the Court:- Learned counsel for the respondents submits that appellant Narendra Kumar Modi is the sole proprietor of defendant No.2- respondent No.2 M/s Swastic Chem; he took the benefit of the H.O. Circular (ARRC-34) Dated 17th January, 2002, and settled the dispute; he deposited the decretal amount by taking rebate of entire interest of decretal amount, therefore, this appeal has become infructuous. He placed a copy of the letter dated 18th March, 2009 and the Certificate dated 28th June, 2002 issued by the Rajasthan Financial Corporation, before the Court, after showing the same to the learned counsel for the appellants. During the course of arguments, the learned counsel for // 2 // the appellant also submits that in view of the statement of the learned counsel for the respondents, the appeal be dismissed as having become infructuous. In view of the statement of the learned counsel for the respondents, the appeal is dismissed as having become infructuous. (Narendra Kumar Jain) J. //Jaiman//