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Chandra Shekhar Joshi & Others vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 3 October 2024 · Citation: (2024) 10 UK CK 0004

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Dismissed
CASE NUMBER
Writ Petition Miscellaneous Single No. 2690 Of 2024

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 227 words

Pankaj Purohit, J

1.

Petitioners have challenged recovery citations dated 19.10.2023 (Annexure No.13) and 03.07.2024 (Annexure No.14) whereby the amount of Rs.58,95,961.50 and 63,82,092.00 respectively were directed to be recovered from them.

2.

It is the case of petitioners that they were issued certain loan(s) from respondent no.4-Bank. Since they failed to repay the loan amount, proceedings u/s 70 of the Uttarakhand Cooperative Societies Act, 2003 (hereinafter to be referred to as the Act) were initiated which resulted into passing of two orders/award both dated 19.10.2022 (Annexure No.8 collectively) as well as order/award dated 04.03.2023 (Annexure No.10 collectively) whereby petitioners were directed to repay the loan amount along with the interest. Now, the petitioners are before this Court challenging the recovery citations issued pursuant to the aforesaid orders/awards dated 19.10.2022 and 04.03.2023.

3.

A preliminary objection has been raised by learned Counsel appearing for respondent-Bank that as against the award passed u/s 70 of the Act, the remedy lies of filing appeal under Sections 97/98 of the Act before the Registrar and Cooperative Tribunal depending upon the amount.

4.

I have gone through the provisions of Sections 97/98 of the Act and I find force in the aforesaid submission.

5.

Accordingly, the writ petition is dismissed. Petitioners are relegated to avail the remedy of appeal as provided under the Act. Pending application, if any, stands disposed of.