MEESAM AMMAR RIZVI Vs. DISTRICT ASSISTANT REGISTRAR

JUDGEMENT

(1.) Heard Sri Sudeep Seth, learned Counsel for the petitioners, Sri Vivek Raj Singh, learned Counsel for the respondent Nos. 2 and 3 and Sri H.P. Srivastava, learned Additional Chief Standing Counsel. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner challenges the notice dated 31.3.2003 issued under Section 91 of the U.P. Co-operative Societies Act, 1965 [hereinafter referred to as the "Act"] by District Assistant Registrar, Co-operative Societies, U.P., Lucknow (respondent No. 1), contained in Annexure No. 1 to the writ petition, requiring the petitioner to deposit Rs. 5,31,143/- within a period of one month, otherwise, the orders for sale of properties of the petitioners would be issued to recover the said amount. It was also provided that the petitioners may submit their reply, if any, by 18.4.2003 on any working day.

(2.) Shorn off unnecessary details, the facts of the case are that petitioner No. 1-Meesam Ammar Rizvi applied for commercial loan of Rs. 4,63,000/- from City Co-operative Bank Ltd., Ashok Marg, Lucknow for purchasing a Luxury Vehicle i.e. Car, which was sanctioned and disbursed to the petitioner No. 1 on 5.4.1999. In the said loan, petitioner No. 2-Anwar Rizvi was a guarantor.

(3.) According to petitioners, during the period from April, 1999 to March, 2001, petitioner No. 1 deposited an amount of Rs. 5,80,200/- through Cash in the Bank. Therefore, the entire outstanding loan amount was repaid by the petitioner No. 1 by March, 2001. According to him, petitioner No. 1 had deposited more amount than the outstanding loan dues but even then, the Secretary/Recovery Officer, City Co-operative Bank Ltd., Ashok Marg, Lucknow (respondent No. 2) issued a notice dated 8.6.2002 to the petitioners to deposit outstanding loan due of Rs. 4,06,454/-(Annexure No. 4 to the writ petition), to which petitioners, vide letters dated 25.7.2002 and 7.8.2002, demanded up-dated statement of accounts from the respondent No. 2.