DHARMENDRA KUMAR Vs. U.P. RAJYA SAHKARI KRISHI AND GRAMYA VIKASH BANK, BALIA THROUGH ITS BRANCH MANAGER AND ORS.

JUDGEMENT

(1.) INSPITE of sufficient service no one has appeared on behalf of Respondent Nos. 2 and 3 i.e. Chief Development Officer Ballia and Milk Dairy Cooperative Samiti Ltd. Sher Block, Dubhar District Ballia through its Secretary Udai Narain Pathak.

(2.) THIS writ petition is directed against recovery notice , copy of which is Annexure IV to the writ petition which does not bear any date. However, original notice has been placed on record which bears the date 23.03.1994. The notice was issued by Respondent No. 1. It was mentioned in the said notice that total amount due including the interest against the Petitioner was Rs. 25465/ - and that 12.04.1994 had been fixed for auction of mortgaged land of the Petitioner and Petitioner was required to clear the dues three days before that. In this writ petition on 11.04.1994 stay order was passed staying the recovery proceedings.

(3.) THE main contention of learned Counsel for the Petitioner is that matter should have been referred to arbitration under Section 70 of U.P. Cooperative Societies Act 1965. In this regard the Petitioner himself was required to apply before the Registrar as required by Rule 225 of U.P. Co -operative Societies Rules 1968 which is quoted below: