Writ Review 100/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Review Petition No.100/2009 in Civil Writ Petition No.5747/2008 M/s Vipul Gems (P) Ltd & Ors. Versus Bank of Baroda & Ors Date of Order ::: 31/07/09 Hon'ble Mr. Justice Ajay Rastogi Mr. GK Garg, for review petitioner (writ respondent No.2) Mr. RK Salecha, for respondent-BOB Mr. Ghan Shyam Singh for Mr. Mahendra Singh for writ petitioner. Instant review petitioner has been filed by SBBJ (respondent-2-CWP-5747/08) in fact seeking clarification/modification in order dt.26/05/09 in regard to portion at p.10 ad infra: “both have a right to adjust and appropriate the residue of sale proceeds after the outstanding dues of BOB in respect of group accounts of petitioner.” and in place whereof, it may be read that the banks have mutually agreed to dispose of the secured assets asper provisions of the SARFAESI Act and to release the sale proceeds for payment towards the outstanding dues of the SBBJ and if any surplus is available, for the recovery of dues of the BOB as per the mutually agreed terms & conditions. A copy of the application has been made available to opposite counsel and so also Counsel for Bank of Baroda. After hearing Counsel for parties, this Court considers it appropriate to accept the request (supra) in the interest of Writ Review 100/09 //2// justice. Consequently, clarification application moved by SBBJ is allowed. Afore quoted portion at page 10 in order dt.26/05/09 is replaced ad infra: “Both the Banks as mutually agreeed may dispose of the secured assets and to realize the sale proceeds for payment towards the outstanding dues of the SBBJ and if any surplus remains available, the recovery of dues of the BOB be adjusted as per their agreed terms & conditions”. and this order passed today be read as a part of order dt.26/05/09 (supra) wherein correction be made accordingly and a copy of this order be placed in CWP-5747/2008. (Ajay Rastogi), J. K.Khatri/p.2/100Review09-5747CW08Jul31.doc