ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.C. Yadav, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Abhishek Mishra, learned counsel for the respondent nos. 2 and 3-Bank.

(2.) This writ petition has been filed seeking quashing of the citation dtd. 28/1/2021 as well as entire recovery proceedings.

(3.) Facts, as narrated, in the writ petition are that petitioner had taken a loan of Rs.1,00,000.00 from U.P. Sahkari Gram Vikas Bank Ltd. (hereinafter referred as 'Bank') in the year 2008. As the said amount could not be repaid, the account was declared as NPA. Petitioner has challenged the citation issued by the recovery officer under Sec. 92 (a) of U.P. Cooperative Societies Act, 1965 (hereinafter referred as 'Act of 1965') on the ground that recovery certificate, which has been issued under Sec. 95 (A) of the Act of 1965, no opportunity of hearing was given by the Registrar before sending the same to be executed.