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2016 DIGILAW 296 (JK)

Satpal v. Citizen Co-operative Bank Ltd.

2016-05-26

RAMESH KUMAR WATTAL

body2016
JUDGMENT : Ramesh Kumar Wattal, Member (Judicial) This revision petition has been filed by the petitioner on the grounds that petitioners took a loan of Rs. 3,36000/- for purchase of Tata sumo and petitioner 2 and 3 stood as guarantors. The amount was repayable on payment of instalment and the sum was advanced at 14% of interest. 2. The petitioner purchased sumo and repaid more than Rs. 3.00 lacs and only few thousand were outstanding against the petitioner but the respondent illegally initiated recovery against petitioners and sold his Tata Sumo to someone to realize the outstanding amount without intimating him. 3. It is also alleged that Tata Sumo was in good condition and could have fetched good sale consideration but the bank in spite of selling his vehicle instituted arbitration against the petitioner and without giving opportunity to the petitioners. The arbitrator ordered recovery of Rs. 6,59,220/- upto 31.12.2010 without any rhyme or reason who have sought setting aside arbitration. 4. Since a number of factual pleas such as repayment of large amount and assessment of the actual value of the vehicle, the petitioner having produced copy of the insurance certificate of 2013 showing Rs. 1 lac as insurance value of vehicle, the question whether as to whether the value of the vehicle more than the price at which it was sold in the relevant year and other factual legal pleas taken which are subject matter of appeal u/s 158 and the relevant section reads as under;- 158. Appeals to Tribunal and other authorities - Save as otherwise provided by this Act, an appeal shall lie from the original order or appellate order of Dy. Registrar Co-operative Societies, Joint Registrar, Addl. Registrar as follows: (a). To the Joint Registrar Co-operative Societies when the order, decision or award is made by Deputy Registrar, (b). To the Additional Registrar, Co-operative Societies, when the Order, decision, or award is made by Joint Registrar; (c). To the Registrar when the order, decision or award is made by Additional Registrar and against such order and decision as mentioned in clause (b); (d). To the Co-operative Tribunal when the order, decision is made by the Registrar: Provided that where an original order is confirmed on first appeal, no further appeal shall lie against the orders passed in the first appeal. 5. Thus the appellate forum is Registrar against the order of Addl. Registrar. 6. To the Co-operative Tribunal when the order, decision is made by the Registrar: Provided that where an original order is confirmed on first appeal, no further appeal shall lie against the orders passed in the first appeal. 5. Thus the appellate forum is Registrar against the order of Addl. Registrar. 6. Revision petition lies only against illegality, impropriety or wrong exercise of jurisdiction and question of law alone which therefore in the instant case is not maintainable and same is hence dismissed. 7. As such the averments in revision are ordered to be treated as appeal and the same is sent to the Registrar for disposal under law along with copy of this order. 8. The Registrar will summon the parties and pass appropriate order after giving reasonable opportunity to them. Parties to appear before Registrar on 30.6.2015. 9. The revision petition is accordingly disposed of. 10. The file consigned to records after due completion.