1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.9680/2009. : : Vijay Pal Jakhad & Anr. Vs. M/s. Citi Financial Consumer Finance India Ltd. : : Date of Order 7.9.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Vigyan Shah for the petitioner. Mr. Vinod Kumar Tambolia for Mr. N. K. Maloo ] Mr. Anoop Sharma for the respondent (s). This writ petition has been filed by the petitioner against the order dated 15.7.2009 passed by Additional District & Sessions Judge, No.3, Jaipur City, Jaipur by which his property, which was mortgaged with the respondent- bank, was allowed to be auctioned on 17.8.2009. Under direction of this Court on 13.8.2009, petitioner paid to the respondent a bankers cheque in the sum of Rs.5,00,000/-, which was accepted. However, the respondents demands interest @ 24% per annum and claims total sum of Rs.9,83,000/-. 2 Learned counsel for the petitioner however submits that award suffers from illegalities and the award has been rendered ex-parte, therefore, he wants to avail the remedy against such award provided under the Arbitration Act and also pray for interim protection. Learned counsel also submitted that respondent may also be restrained from going ahead with the auction till objections are filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996. Both requests are opposed by learned counsel for the respondent. In the interest of justice, however petitioner is granted 45 days to avail such remedy. The interim order passed by this Court for this duration shall remain in force and would expire on 26.10.2009. Any order of interim protection passed by Court concerned where the petitioner may avail the remedy, would obviously super impose the order, which is impugned in this writ petition. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.69.