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2023 Supreme(J&K) 298

M. A. CHOWDHARY
Citizen’s Co-operative Bank Ltd. – Appellant
Versus
Manohar Lal S/o Babu Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjay Kakkar, Advocate
For the Respondent:Mr. S. M. Choudhary, Advocate.

JUDGMENT :

1. In this writ petition filed under Article 226 of the Constitution of India read with Section 103 of Constitution of J&K State, the petitioner-Bank has prayed for the following writs/reliefs:

    a. Certiorari seeking to quash Order dated 30.12.2011 passed by respondent no.4; setting aside order dated 28.05.2008 passed by ld. Registrar and also order dated 10.09.2005 passed by Addl. Registrar Cooperative Societies.

b. Mandamus directing Respondent Nos. 1-3 to pay back an amount of Rs.11,05,444/- upto 30.06.2012 along with interest to the Petitioner Bank on account of Transport Loan availed by Respondent No.1.

2. The facts of the case, in nutshell, are that the petitioner-Bank had advanced transport loan for an amount of Rs.4,26,000/- @ 18% interest per annum to the respondent No.1 for purchase of a Tipper on 27.05.1998. It is averred that the respondent No.1 after paying some installments defaulted the loan installments, much to the chagrin of petitioner-Bank. The last installment paid by the respondents no.1 was on 03.03.2001. When reminders/legal notices sent to the respondent No.1 and his two guarantors for dissuading them not to default loan payments, fell on deaf ears an

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