JUDGMENT : M.N. BHANDARI, J. By this writ petition, a challenge is made to the order dated 6th November, 2009, whereby, a direction has been given to the petitioner-Bank to return a sum of Rs. 9123/- along with interest @18% per annum and a sum of Rs. 5,000/- towards harassment and defamation. 2. Learned counsel for petitioner-Bank submits that in absence of Chairperson, the Tribunal was not competent to hear and decide the appeal. 3. It is further submitted that a sum of Rs. 7730/- was recoverable from the respondent even after adjustment of the Fixed Deposit in satisfaction of the due amount. The recovery charges were payable by the petitioner as per the circular thus order of the Arbitrator should not have been interfered by the Tribunal. It is moreso when it was not having any competence to decide the appeal thus the impugned order may be set aside. It is also stated that appeal was not otherwise maintainable in view of Section 105(10) of the Rajasthan Cooperative Societies Act, 2001 (for short “the Act of 2001”). 4. Learned counsel for respondent has opposed the petition. He submits that even after due payment of the loan amount by encashing Fixed Deposit of Rs. 58264/-, the petitioner-Bank shown recovery though after adjustment of the amount of the FD, a sum of Rs. 630/- was payable by the respondent thus nothing was due after adjustment of FD as on 31st March, 2001. The Tribunal has rightly interfered in the impugned order and set aside the order passed by the Arbitrator thus may not be interfered. 5. I have considered the rival submissions made by learned counsel for the parties and perused the record. 6. The petitioner-Bank has raised two issues. One is about maintainability of the appeal in view of Section 105 of the Act of 2001. The other is regarding disposal of the appeal in absence of Chairperson. A reference of the judgment of this court in the case of Rishi Fatehpuria v. Smt. Rachna Bawel, SB Civil Writ Petition No. 8917/2008, decided vide order dated 9th April, 2013 has been given. Therein, issue in reference to Section 105 of the Act of 2001 was decided. The judgment aforesaid applies to the facts of this case. 7. It is no doubt true that appeal was not maintainable. Therein, issue in reference to Section 105 of the Act of 2001 was decided. The judgment aforesaid applies to the facts of this case. 7. It is no doubt true that appeal was not maintainable. In the light of the aforesaid, impugned order is set aside, however, instead of sending the matter for further challenge, this court is deciding the issue on merit. It is to be found out as to whether any amount was due against the respondent. The statement of accounts at Annexure-2 show that as on 31st March, 2001, a sum of Rs. 58234.81 was due against the respondent. On the same day, FD of Rs. 58864/- was adjusted towards the due amount thereby the due payment was received by the Bank and it was in excess by Rs. 630/-. The statement subsequently makes a reference about the recovery charges and a sum of Rs. 5560/- has been shown for it. It is subsequent to the recovery of the amount. 8. I find that before adjustment of amount of FD, no amount towards recovery charges was shown. It could not have been taken subsequent and total sum is not huge but a petty amount of Rs. 9123/-. Taking overall facts and circumstances of the case, I deem it proper to hold that recovery charges would not be recoverable in the facts and circumstances of the case. It should have been indicated before showing total recoverable amount. The finding aforesaid has been given in the facts and circumstances of the case. 9. Taking into consideration that total amount payable is only a sum of Rs. 9123/- thus instead of sending it for further litigation, it should come to end herein. The demand raised by the petitioner is set aside in the facts and circumstances of this case. Accordingly, a direction is given to the petitioner-Bank to return a sum of Rs. 9123/- to the respondent within a period of two months as it was recovered from the respondent during the intervening period of the litigation. 10. With the aforesaid, writ petition stands disposed of.