High CourtsSingle Bench(2022) 01 UK CK 0074

Ishtiyar Alia Iktyar Ahmad vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 11 January 2022

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 2828 Of 2021

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Judgment

9 paragraphs · 141 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

Petitioner has challenged the recovery citation issued by Tehsildar Sitarganj for recovery of Rs. 9,86,611/-. It is not in dispute that petitioner had

taken loan from Almora Urban Cooperative Bank, Branch Sitarganj, and due to default committed by him in repayment of the loan, lending bank

referred the matter for Arbitration under Section 70 of Uttarakhand Cooperative Societies Act.

3.

Learned counsel for the parties are unanimous on the point that petitioner has a statutory remedy available to him under provisions of Uttarakhand

Cooperative Societies Act, which petitioner has not availed before approaching this Court.

4.

In such view of the matter, writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to approach the appropriate forum

available to him in law.