Rajesh Kumar vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner's mother took a housing loan from Kurmanchal Nagar Sahkari Bank Ltd., Branch Sitarganj, in the year 2011. In the year 2012, petitioner's mother passed-away. Petitioner was one of the guarantors in the aforesaid loan. Since the loan could not be repaid in time, therefore, the matter was referred for arbitration under Section 70 of the Uttarakhand Co-operatives Societies Act, 2003. The arbitrator gave an award decreeing claim of the Bank, in the year 2018. The arbitral award has not been challenged by the petitioner before any higher forum. Thus, it has attained finality.

Respondent-Bank has put the arbitral award to execution and now a recovery citation has been issued against the petitioner. Thus, feeling aggrieved, petitioner has approached this Court.

Since Section 92 of the Uttarakhand Co-operatives Societies Act, 2003, enables a co-operative society to recover money due to him by issuing a recovery citation, therefore, the mode adopted by the respondent-Bank for recovery of the outstanding dues from the petitioner cannot be faulted.

Learned counsel for the petitioner has apprised this Court that the house, which was mortgaged with the respondent-Bank for securing the loan has been transferred by the petitioner, in favour of his wife and he further makes a statement that an F.I.R has also been lodged against the petitioner and various other persons, who are involved in such fraudulent transfer.

Having regard to the aforesaid facts and circumstances, this Court does not find any reason to interfere with the impugned recovery citation.

Accordingly, the writ petition fails and is hereby dismissed.