RAVINDRA KUMAR PANT Vs. DISTRICT MAGISTRATE, ALMORA

JUDGEMENT

(1.) Aggrieved by the order dtd. 26/3/2021, 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, dtd. 6/1/2010, was passed against the appellant to the tune of Rs.19,20,841.59, along with the litigation cost of Rs.19,209.00, totalling to Rs.19,40,050.59.

(3.) The petitioner preferred an application to set aside the aforesaid ex parte award, dtd. 6/1/2010, which was allowed by order dtd. 11/3/2010. By order dtd. 23/4/2013 an award was passed by learned Arbitrator, i.e. Additional Registrar, Cooperative Societies, Uttarakhand, Dehradun, whereby a decree of Rs.19,20,841.59 and litigation cost of Rs.19,209.00, totalling to Rs.19,40,050.59 was passed against the appellant.