Smt. Julie vs The Kangra Co-Operative Primary ...
2022 Latest Caselaw 11837 HP

                                                    1




    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                     Civil Writ Petition No.9033 of 2022
                                     Date of decision : 30th December, 2022




                                                                                .

    Smt. Julie                                                           ...... Petitioner

                                     Versus





    The Kangra Co-operative Primary Agriculture and Rural Development Bank
    Ltd. and others
                                                       ......Respondents
    Coram:
    The Hon'ble Ms. Justice Sabina, Judge.





    The Hon'ble Mr. Justice Sushil Kukreja, Judge.
                                      1
    Whether approved for reporting?

    For the Petitioner        :      Mr. Sunil Kumar, Advocate.

    For the Respondents :            Nemo.

    Sabina, Judge (oral)

Petitioner has filed this petition under Article 226 of the

Constitution of India, seeking quashing of the notices, Annexure P-5

and Annexure P-6.

2. Learned counsel for the petitioner has submitted that petitioner

had applied for a loan of Rs.7,00,000/- from the respondent-Bank for

construction of house. The loan was released to the petitioner in

December, 2018. Petitioner continued paying the installments till

February, 2020 and has paid an amount of Rs.4,00,000/- to the

respondent-Bank. Thereafter, respondent-Bank issued a letter dated

17.8.2020 raising a demand of Rs.2,48,860/-. 1st Sale Notice with

1 Whether reporters of Local Papers may be allowed to see the judgment?

regard to the mortgaged property of the petitioner was issued by the

bank on 17.11.2020. Petitioner preferred an appeal under Section

27(3) of the Himachal Pradesh Co-operative (Agriculture and Rural)

.

Development Act, 1979 and the Registrar, Co-operative Societies

Himachal Pradesh passed an order on 20.5.2022, directing the

respondent-Bank to initiate fresh recovery proceedings, in accordance

with law. Now, the respondent-Bank had again issued notice and vide

notice, Annexure P-5, dated 7.12.2022, directing the petitioner to

deposit the entire due amount upto 31.12.2022. Vide Annexure P-6,

property of the petitioner has been sought to be auctioned.

3. Admittedly, petitioner has an alternate remedy of an appeal

before the Registrar Co-operative Societies to challenge the orders,

Annexure P-5 and Annexure P-6. Since the petitioner has other

efficacious alternate remedy available to him, no ground for

interference by this Court, while exercising extra ordinary writ

jurisdiction under Article 226 of the Constitution of India, is made out.

4. Dismissed.

Pending miscellaneous application(s), if any, also stands

disposed of.

( Sabina ) Judge

( Sushil Kukreja) Judge December 30, 2022 (ks)