CWP-7842/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. S.B.CIVIL WRIT PETITION 7842/2010 M/s. R.K. Food Products Versus. Central Bank of India & ors. DATE OF ORDER : 28/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Dalip Sharma, for petitioner. This is second round of litigation in regard to the proceedings initiated against the petitioner under the Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Initially, when the notice was served upon petitioner under Section 13(2) of the Act, he approached this Court by filing SB Civil Writ Petition No. 13521/2009. While admitting the writ petition, some interim order was passed by this Court, which, as informed, the petitioner withdrew but at one stage DB Civil Special Appeal was preferred but that too was also decided vide order dated 06/01/2010 and finally the petitioner approached the Debts Recovery Tribunal by filing appeal under Section 17 of the Act and a compromise was arrived at between the parties which has been referred to by the Tribunal in its order dated 18/03/2010 (Anx.7) and according to the compromise arrived at, the petitioner had to settled down its NP Account within 30 days which indisputably has not been CWP-7842/2010 2 settled by the petitioner due to which the respondents again issued a notice for sale of the secured assets by the financial institution holding secured interest vide Anx. 1-. At this stage, the petitioner has approached this Court and makes a very innocuous request that some time may be granted to settle down the NPA Account. The submission appears to be innocuous as observed, but he has lost battle upto this Court and finally has failed to carry out the terms of the compromise as recorded by the Tribunal in its order. This Court, taking note of the proceedings initiated, is not inclined to entertain the innocuous request made in the instant writ petition in exercise of equitable jurisdiction under Article 226 of the Constitution of India. Consequently, the writ petition is without substance and is hereby dismissed. [AJAY RASTOGI], J. Raghu/p.2/ 7842-CW-2010-final.doc