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LAKHVINDER SINGH versus THE STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Lakhvinder Singh v. The State Of U.P. And Others - WRIT - C No. - 50724 of 2007 [2007] RD-AH 16532 (10 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for quashing the orders dated 14.5.2007 and 16.8.2007. The petitioner who was Chairman of Bilhara Balpur Kisan Sewa Sahkari Samiti Ltd. has taken loan of Rs. 1,00,000/- on 13.12.1999 from respondent no. 4 and when the amount was not paid recovery proceeding was initiated and award was given in favour of the Society with 10% interest . The appeal filed by the petitioner has been dismissed. Learned counsel for the petitioner contends that the proceedings before the Arbitrator proceeded ex parte and no notice was issued. Finding has been recorded by the Deputy Registrar that notices were issued and when the petitioner did not receive the notice then it was published in the daily news paper "Dainik Jagaran" and thereafter the order was passed. The appellate authority has also affirmed the said finding and has held that when the notices issued were not received, the notice was published in daily news paper "Dainik Jagaran" and the award has been confirmed by the appellate authority. I do not find any error in the order impugned. Both the courts below have recorded finding of fact that the petitioner has taken loan and it has not been repaid. No interference is called for in the writ petition by this Court Under Article 226 of the Constitution.

The writ petition is dismissed.

D.-10.10.2007

SCS/50724


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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