CHANDRA SHEKHAR JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners have challenged recovery citations dtd. 19/10/2023 (Annexure No.13) and 3/7/2024 (Annexure No.14) whereby the amount of Rs.58,95,961.50 and 63,82,092.00 respectively were directed to be recovered from them.

(2.) It is the case of petitioners that they were issued certain loan(s) from respondent no.4-Bank. Since they failed to repay the loan amount, proceedings u/s 70 of the Uttarakhand Cooperative Societies Act, 2003 (hereinafter to be referred to as the Act) were initiated which resulted into passing of two orders/award both dtd. 19/10/2022 (Annexure No.8 collectively) as well as order/award dtd. 4/3/2023 (Annexure No.10 collectively) whereby petitioners were directed to repay the loan amount along with the interest. Now, the petitioners are before this Court challenging the recovery citations issued pursuant to the aforesaid orders/awards dtd. 19/10/2022 and 4/3/2023.

(3.) A preliminary objection has been raised by learned Counsel appearing for respondent-Bank that as against the award passed u/s 70 of the Act, the remedy lies of filing appeal under Ss. 97/98 of the Act before the Registrar and Cooperative Tribunal depending upon the amount.