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2012 Supreme(J&K) 761

Sanjay Gupta
Branch Manager, Citizen Cooperative Ltd. – Appellant
Versus
Molvi Mohd. Youssaf – Respondent


1. This revision petition has been filed by bank against the order of Registrar dated 27.3.2010,by virtue of which it has been directed by the Court below that,respondent shall deposit Rs. 30,000/- with bank as remaining loan amount.

2. Petitioners have challenged the impugned order on the grounds that,Officer below has completely failed to exercise jurisdiction vested to him. That despite the facts that an amount of Rs.1,99,717 /- was outstanding against the respondent, Court below directed respondent to dopiest Rs,. 30,000/-. That Court below failed to appreciate that money lying in the bank was public money and respondent can not be absolved from paying interest. That statement of account of bank clearly shows that, up to 30.32009 an amount of 1,99,717 was outstanding against respondent.

3. I have heard both the counsels at length and perused the records.

4. From the perusal of records it reveals that, respondent filed a petition seeking settlement of loan amount before Registrar Cooperative Societies on 28.2.2009. In the petition, respondent stated that he obtained housing loan of Rs. 1.5 lacs from bank and it was obtained on 3.10.2001. That while taking loan, he mortgaged his pl
















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