D.B. SPECIAL APPEAL (WRIT) NO.93/2008 M/s. Jain Zari Products (India), Jaipur Vs. Rajasthan Financial Corporation & Anr. Date of Order :: May 02, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. J.P. Goyal for the appellant. Mr. Prahlad Singh for the respondent-RFC. *** This appeal is preferred against the judgment passed by the learned Single Judge dated 1.11.2007 whereby the writ petition of the appellant was dismissed. Learned counsel for the appellant has argued that the learned Single Judge was not justified in dismissing the writ petition of the appellant on the ground that it involved disputed question of fact. Referring to the letter dated 25.6.1997 Annexure 5 of the writ petition, the learned counsel argued that the respondents by that letter was required the appellant to deposit a sum of Rs.1,23,316/- as one time settlement for the entire dues up to that time and accordingly the appellant deposited the said amount on 27.6.1997. The respondents now are not justified in demanding further amount. It was argued that the respondents have floated a new scheme for one time settlement very recently and they ought to consider its case under the new scheme or in the alternative, they should be required to refund the amount of RS.1,23,316/- which the appellant was made to deposit as per their letter dated 25.6.1997(supra). On the other hand, learned counsel for the respondent-Rajasthan Financial Corporation submitted that no such letter as dated 25.6.1997 was available in their records. Learned counsel argued that he had -2- sought time from this Court on 17.3.2008 to inform whether the controversy raised by the appellant could be resolved under the existing settlement scheme. According to his instructions, the appellant itself applied under the new settlement scheme and its case was processed and finally now as against total dues of RS.46.28 lacs as on 1.12.2007, after adjusting the amount already deposited by the appellant and the upfront amount of Rs.0.15 lacs the amount payable by the appellant has now been reduced to only Rs.98,000/- which the appellant is required to deposit upto 30.6.2008 without any interest. In view of the aforesaid submissions made by the learned counsel representing the respondent-Rajasthan Financial Corporation, there remains nothing for this Court to decide. This appeal is, therefore, disposed of in the terms indicated above. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-