WPMS/2828/2021
2022 Latest Caselaw 99 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 11TH DAY OF JANUARY, 2022
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2828 of 2021
BETWEEN:

Ishtiyar Alia Iktyar Ahmad                 ... Petitioner
      (By Mr. Mani Kumar, Advocate)

AND:

State of Uttarakhand & others              ... Respondents

      (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
      State of Uttarakhand and Mr. Siddhartha Sah, learned
      counsel for respondent no. 3)


                        JUDGMENT

1. Heard learned counsel for the parties through video conferencing.

2. Petitioner has challenged the recovery citation issued by Tehsildar Sitarganj for recovery of `9,86,611/-. It is not in dispute that petitioner had taken loan from Almora Urban Cooperative Bank, Branch Sitarganj, and due to default committed by him in repayment of the loan, lending bank referred the matter for Arbitration under Section 70 of Uttarakhand Cooperative Societies Act.

3. Learned counsel for the parties are unanimous on the point that petitioner has a statutory remedy available to him under provisions of Uttarakhand Cooperative Societies Act, which petitioner has not availed before approaching this Court.

4. In such view of the matter, writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to approach the appropriate forum available to him in law.

(Manoj Kumar Tiwari, J.) Aswal