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2021 Supreme(UK) 779

RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
RAVINDRA KUMAR PANT – Appellant
Versus
DISTRICT MAGISTRATE, ALMORA – Respondent


Advocates:
For the Appellant : Mr. Suhaas Ratna Joshi, Learned Counsel
For the Respondent: Mr. B.P.S. Mer, Learned Brief Holder and Mr. Siddhartha Sah, Learned Counsel

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

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