SBCWP NO.794/2006 – SMT. TULSI DEVI V/S RAJASTHAN FINANCIAL CORPORATION AND ANR. : JUDGMENT DTD.26.3.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.794/2006 Smt. Tulsi Bai. versus Rajasthan Financial Corporation and anr. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.R.K.Rathi, for the petitioner. Mr.Anil Bhandari, for the respondents. DATE OF JUDGMENT : 26th March, 2008. JUDGMENT 1. Heard the learned counsels. 2. The learned counsel for the petitioner submitted that vide Annex.1 dated 9.2.2005 RFC had entered into One Time Settlement Agreement with the petitioner to realize the balance amount of Rs.1,82,000/- on the following conditions: SBCWP NO.794/2006 – SMT. TULSI DEVI V/S RAJASTHAN FINANCIAL CORPORATION AND ANR. : JUDGMENT DTD.26.3.2008 2/3 “i) Minimum 50% settlement amount shall be paid by 31.3.05. ii) Remaining settlement amount shall be paid by 30.6.05. iii) Unpaid amount, intt.@13% shall be charged after 31.3.05.” 3. He submitted that on account of financial constraints and the petitioner being a poor lady and business of the petitioner having been suffered a loss, she could not keep the schedule of payment of amount as per this settlement. However, the learned counsel for the petitioner submits on instructions that the petitioner shall square up the balance amount within a period of two months from today along with interest @13%. as stipulated in condition No.3 above. He further submits that a sum of Rs.50,000/- has already been paid in view of interim order of this Court dated 27.3.2006. 4. In view of aforesaid statement of the learned counsel, this writ petition is disposed of with a direction to the petitioner to deposit remaining unpaid amount with interest @13% per annum within a period of two months from today. If the petitioner fails to pay the SBCWP NO.794/2006 – SMT. TULSI DEVI V/S RAJASTHAN FINANCIAL CORPORATION AND ANR. : JUDGMENT DTD.26.3.2008 3/3 said amount, the respondent – RFC shall be free to take appropriate legal action against the petitioner. 5. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.80 Ss/-