AVDESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri C.K. Parekh and Shri Raunak Parekh, learned counsels appearing for the petitioners. Learned Standing Counsel appears State respondents. Shri Rohit Agarwal appears for Bijnor Urban Cooperative Bank Ltd, Bijnor -respondent no.5.

(2.) SHRI Avadhesh Kumar -the petitioner no.1 is a partner of petitioner no.2 -M/s Durga Shakti Enterprises. In this writ petition the petitioners have challenged the recovery of financial assistance by way of loan given by Bijnor Urban Co -operative Bank Ltd., Bijnor (in short the Bank) to the M/s Durga Shakti Enterprises, which was inducted as a member of Cooperative Society running the Bank on the ground that the recovery of loan is barred by limitation and that the recovery initiated against Shri Avadhesh Kumar is illegal inasmuch as the loan advanced to M/s Durga Shakti Enterprises cannot be recovered from the petitioner no.1 as a partner of the firm.

(3.) IN the counter affidavit of Shri Shanker Lal, Secretary of the Bank, it is stated that the petitioner was shown as the partner of M/s Durga Shakti Enterprises, which had taken a cash credit limit on 30.3.1999. A notice dated 18.11.2011 issued by the District Assistant Registrar, Cooperative Societies, UP Bijnor was received by the petitioner on 21.11.2011 for recovering the amount due from the petitioner against which no objections were filed. It is stated in para -12 of the counter affidavit that the District Assistant Registrar proceeded under Section 91 of the Act and it is only after an order was passed by the District Assistant Registrar under Section 91 that the notice in Form no.11 was given on 18.11.2011 to the petitioner to which once again he did not file any objections after which the District Assistant Registrar sent the recovery to the Collector under Section 92 for recovering the entire loan amount as arrears of land revenue and in pursuance to which the citation for recovery of Rs.27,81,335/ - with interest and other dues was issued by the Tehsildar on 15.10.2012.