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RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
RAVINDRA KUMAR PANT – Appellant
Versus
DISTRICT MAGISTRATE, ALMORA – Respondent
JUDGMENT
(per Hon'ble Sri Justice Alok Kumar Verma)
Aggrieved by the order dated 26.03.2021, passed by a learned Single Judge, in Writ Petition (M/S) No. 770 of 2021, the appellant has preferred the present Special Appeal. By the said order, the learned Single Judge had directed the matter to be listed after four weeks. It was further directed that “pendency of this writ petition will not preclude the bank authorities from recovering the loan amount."
2. Briefly stated the facts of the case are that a cash credit limit/facility was granted in favour of the appellant sometime in 1993. In 2007-08 recovery proceedings were initiated by the bank against the appellant under the provisions of Uttarakhand Cooperative Societies Act, 2003. An ex parte award, dated 06.01.2010, was passed against the appellant to the tune of Rs. 19,20,841.59/-, along with the litigation cost of Rs. 19,209/-, totalling to Rs. 19,40,050.59/-.
3. The petitioner preferred an application to set aside the aforesaid ex parte award, dated 06.01.2010, which was allowed by order dated 11.03.2010. By order dated 23.04.2013 an award was passed by learned Arbitrator, i.e. Additional Registrar, Cooperative Societies, Uttarak
A petitioner must demonstrate bona fides to receive relief under Article 226 concerning financial recovery matters.
High Court cannot in exercise of its power under Article 226 of the Constitution of India can direct the bank to positively consider the benefit of one time settlement to writ petitioner.
The main legal point established in the judgment is the application of Order 41 Rules 11 and 19 of the Code of Civil Procedure, allowing for the restoration of an appeal if the appellant was prevente....
The main legal point established in the judgment is the interpretation of the jurisdiction of co-operative banks under the APCS Act 1964 and the applicability of the RDB Act 1993.
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