1997 Supreme(Raj) 809
N.L.TIBREWAL
Phoneix Impex – Appellant
Versus
State of Rajasthan – Respondent
Advocates Appeared:
Akshay Parekh, for Petitioner R.N. Upadhyaya & Sangeet Lodha, for Respondents
Honble TIBREWAL, J.–The respondent-Bank, namely, the Jodhpur Central Co-operative Bank LImited, Jodhpur (for short `the Co- operative Bank) is a Co-operative society registered under the Rajasthan Co-operative Societies Act, 1965 (Act No. 13 of 1965) (hereinafter to be referred as `the Act of 1965) and its area of operation is confined to Jodhpur District only. The petitioner, as a member of the Co-operative Bank, borrowed money as a loan from it and as per auction notice (Annexure 1), Rs. 37,98,677/- were outstanding against him. The Co-operative Bank initiated recovery proceedings under the Act of 1965 which were challenged by the petitioner by filing a revision under Section 128 of the said Act. The petitioner also filed the present petition under Articles 226 and 227 of the Constitution of India, challenging recovery proceedings under the Act of 1965. The challenge is on the ground that after establishment of Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institution Act, 1993 (for short `the Act of 1993) the recovery proceedings under the Act of 1965 is without jurisdiction and authority of law. In other words, contention of the petitioner is th
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