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INDIA TRADERS THRU PARTNER MANZOOR AHMAD versus STATE OF UP THRU' COLLECTOR MEERUT AND OTHERS

High Court of Judicature at Allahabad

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India Traders Thru Partner Manzoor Ahmad v. State Of Up Thru' Collector Meerut And Others - WRIT - C No. 45588 of 2005 [2005] RD-AH 3053 (19 September 2005)

 

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 OF ALLAHABAD

WP. No. 45588 of 2005

WP. No. 45589 of 2005

WP. No. 45579 of 2005

WP. No. 45623 of 2005

WP. No. 45625 of 2005

The petitioner is permitted to implead  District Assistant Registrar, Cooperative  Societies, U.P.,  Meerut.

This is a writ petition against recovery of loan taken by the petitioner from Mercantile Urban Cooperative Bank Ltd., Meerut.

We have heard counsel for the petitioner, Standing Counsel and Sri M.P. Gupta for the respondents.

According to the counsel for the respondents action is being taken  under section 95-A of the U.P. Cooperative Societies Act, 1965 ( the Act ). Under  this section Registrar after making inquiry may send certificate for recovery of the amount. This is to be done after notice to the party concerned.

The powers of the Registrar under section 95-A have been conferred upon the District Assistant Registrar. It is not disputed that no opportunity has been given to the petitioner by the District Assistant Registrar before sending the recovery certificate. Under these circumstances,  it will be  appropriate  that the petitioner  may file a fresh representation before respondent no.4 within one month from today. In case the representation is  filed, the same  may be decided  by the said respondent by a reasoned order at an early date,  if possible, within three months  from the date of receipt of the representation. The petitioner will  file  a certified copy of this order; necessary  documents and a duly stamped self addressed envelope along with the objection. The concerned   authority   after taking decision will  communicate the same to the petitioner.

Till the representation of the petitioner  is not decided, the recovery proceedings shall be kept in abeyance.

   With these observations the writ petition is disposed of.

Dated:19.9.2005

RPP.


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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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