Deepti Agarwal vs Collector, District Udham Singh Nagar & others

Sudhanshu Dhulia, J.

Petitioner had admittedly taken a loan of Rs.30,00,000/- (Rupees Thirty Lakhs Only) from Almora Urban Cooperative Bank, which she could not

repay. Consequently, the account of the petitioner was declared as Non-Performing Asset and thereafter proceedings under the provisions of the

Uttaranchal Co-Operative Societies Act, 2003 (from hereinafter referred to as the “Actâ€​) were initiated against the petitioner for arbitration under

Section 71 of the Act and award was given in favour of the respondent-bank on 23.05.2018. Against this award, the petitioner filed an appeal before

the Appellate Tribunal which is presently pending. The application of the petitioner for stay of recovery proceedings has been rejected by the

Appellate Tribunal on the ground that till the time the petitioner approached the Appellate Tribunal, there was no recovery citation against the

petitioner. Now, it is an admitted case that a recovery citation has been issued for recovery of the award amount.

Learned counsel for the respondent-bank Sri Siddhartha Sah relies upon Section 92 of the Act and would argue that the amount can be recovered

as arrears of land revenue. Section 92 of the Act reads as under:-

“92. Every award made under Section 71, and capable of execution in the manner provided below, and every order so capable of execution made

by the Registrar under Section 67 or sub-section (2) of Section 68 or under Section 91, or by the liquidator under Section 74 or by an appellate

authority on appeal under Section 97 or 98 or on review under Section 99 or as an interlocutory order under Section 100 or a certificate for recovery

issued under Section 95-A shall, if not carried out, be executedâ€

(a) in the manner provided by law for the time being in force for the recovery of arrears of land revenue where the order is for the recovery of

money;

Provided that an application for the recovery of any such sum is made to the Collector and accompanied by a certificate signed by the Registrar or

any person authorized by him in this behalf:

Provided further that such application is made within 12 years from the date fixed for payment in the order or award and if no such date is fixed, from

the date of the order or award, as the case may be; or

(b) by the Registrar or any other person subordinate to him and empowered by him in this behalf, by attachment and sale or sale without attachment of

any property of the person or the co-operative society against whom the order or award has been made; or

(c) by the civil court having jurisdiction over the matter as if the order or award were the decree of that court.â€​

Considering the fact that the appeal of the petitioner is presently pending before the Appellate Tribunal, no interference is being called for by this

Court in the matter.

The writ petition stands dismissed.

However, the petitioner would be at liberty to move a stay application for stay of the award as only ground on which, according to the petitioner, her

stay application was rejected by the Appellate Tribunal was that no recovery citation was issued till then. Since now the recovery citation has been

issued, the petitioner can always pray for stay of the award.

A week’s time is granted to the petitioner in order to enable her to approach the Appellate Tribunal. For one week hence, there shall be status

quo in the matter.

Let a certified copy of this order be given today itself on payment of usual charges.