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  RD-AH 3053 (19 September 2005)
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.
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