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Reliance General Insurance Company Ltd. vs. District Collector Jaipur, Rajasthan & Anr.

36.00 3.60

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Rajasthan Public Demand Recovery Act, 1952–Secs. 8, 16 & 20–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Suit u/s. 20 for cancellation/ modification of recovery certificate–Appellant filed the application for temporary injunction seeking stay of operation of the order passed by Collector u/s. 8 of the Act–Dismissal of application for granting stay –Instant misc. appeal– Held, after omission of Sec. 9 of the Act, proviso to Sec. 16 became redundant–Amount deposited under protest can be forwarded to concerned authority–Further, the respondent is a department of Govt. and amount can be easily recovered, if the appellant-plaintiff ultimately succeeds–Interference declined.