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1984 Supreme(Guj) 184

S.A.SHAH
PRABHAVATIBEN CHANDRASHANKER TRIVEDI – Appellant
Versus
SPECIAL RECOVERY OFFICER – Respondent


Advocates Appeared: N.R.TANDEL, R.N.SHAH

S. A. SHAH, J.

( 1 ) PETITIONER Smt. Prabhavatiben is the widow of Chandrashanker Narmadashanker Trivedi who had taken loan from the Gota Group Seva Sahakari Co-operative Society Limited (hereinafter referred to as the Society ). Since the petitioner could not repay the amount of loan in time the Society made an application to the Registrar of the Co-operative Societies Sabarkantha at Himatnagar under sec. 106 of the Gujarat Co-operative Societies Act 1961 (hereinafter referred to as the Act) for the issuance of Certificate The District Assistant Registrar Sabarkantha at Himatnagar after making inquiry issued Certificate dated 26-8-1976 (Annexure A to the petition) holding that an amount of Rs. 11 198. 42 paise by way of principal amount Rs. 3 85. 09 paise by way of interest Rs. 124. 55 paise by way of penal interest and Rs. 3. 00 for notice fee i. e. in all an amount of Rs. 14 411. 06 paise was due and payable by the debtor to the creditor and directed that the said amount be realised by respondent no. 3-Society from the petitioner. In clause 5 of the said Certificate it was further mentioned that the respondent no. 3-Society shall recover surcharge in accordance with the rules and
















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