( 1 ) THROUGH this Special Civil Application the petitioner seeks to challenge the recovery sought to be made against him at the instance of respondent no. 1, i. e. , Sardar Vallabhbhai Sahakari Bank LIMITED in pursuance of the certificate issued by the Registrar of Co-operative Societies, State of Gujarat under S. 103 of the Gujarat Co-operative Societies Act.

( 2 ) THERE is no dispute that the loan was taken from the respondent No. 1 Bank by the respondent No. 2, i. e. , wife of the present petitioner and the petitioner had stood guarantee for repayment of the loan. It is stated in the petition that the notices were repeatedly given for the recovery of the due amount but the loan was not repaid and in all three awards were passed for the said recovery. It is further stated that in all a sum of Rs. 6,55,925. 00 has been paid. It has also been submitted that this amount has been adjusted against the total claim made by the respondent No. 1 Bank under the said three awards. It is not disputed on behalf of respondent No. 1 Bank that a sum of Rs. 6,55,925. 00, has been deposited but Mr. Dudhia has pointed out that rest of the amount remains to be recovered and according