THE KURUKSHETRA CENTRAL CO Vs. SDO (CIVIL)

JUDGEMENT

(1.) The petitioner-Cooperative Bank assails the order dated 20.08.2015 passed by the Assistant Collector, 1st Grade, Pehowa in purported exercise of his powers under Section 8 of the Haryana Agriculture Credit Operation and Miscellaneous Provision (Bank) Act, 1973 (for short, 'the 1973 Act') as amended in the year 1978, whereby the petitioner has been directed to recover the loan amount from respondent No. 2 after granting waiver of 30% in interest and 3% in penal interest.

(2.) Since the petition has been filed after two years of passing of the impugned order, the petitioner-Bank has been asked to explain the inordinate delay. The only oral plea taken before us is that the file was misplaced. No such averment has been made in the writ petition. There is no plausible explanation as to why a commercial institute like the petitioner bank has taken two years in challenging the order when ordinarily a writ of certiorari is to be instituted within six months or latest by one year.

(3.) Having held so, reference to the merits of the case may also be made.