1. This petition has been filed seeking to challenge the order passed by the Board of Nominees, Ahmedabad dated 11.11.2008 in Summary Lavad Suit No.413/2007 as also the order dated 18.12.2009 passed in Appeal No.379/2008 and the order passed by the Gujarat State Co-operative Tribunal, Ahmedabad dated 25.11.2011 in Review Application No.01/2011.
2. The facts in brief are that the petitioner herein had availed a loan of Rs.2.00 Lacs from respondent no.1-Bank in March 2000. However, the petitioner was unable to repay the entire amount of loan with interest in installments and as on 11.11.2003, the amount outstanding stood at Rs.1,08,148/-.
3. It is the case of the petitioner that he had repaid the entire outstanding amount of loan with interest by February 2006 but, in spite of that the respondent-Bank instituted Summary Lavad Case No.413/2007 before the Board of Nominees for recovery of Rs.50,981/- along with interest at the rate of 17.5% per annum. In the said proceedings, the Board of Nominees passed an order below application Mark-11 whereby, the petitioner was granted leave to defend the suit on condition of his depositing Rs.16,000/- with the respondent-Bank.
4. The petitioner did not deposit the amount and instead preferred an application dated 22.10.2008 seeking review of the order below Mark-11. The Board of Nominees disposed of the suit by an order dated 11.11.2008 whereby, the petitioner was directed to pay Rs.50,981/- with interest at the rate of 14.50% to the respondent-Bank.
5. Against the order dated 11.11.2008, the petitioner preferred an appeal before the Gujarat State Co-operative Tribunal vide Appeal No.379/2008. The said appeal was partly allowed by an order dated 18.12.2009 whereby, the direction qua interest awarded by the Board of Nominees was modified.
6. Being aggrieved by the aforesaid order, the petitioner preferred Review Application No.01/2012 before the Tribunal. However, the same was rejected by an order dated 25.11.2011. Hence, this petition.
7. Heard learned counsel for both the sides. Though served, none appears on behalf of respondents no.2 & 3. It appears from the record that the respondent-Bank has preferred Darkhast Application No.13/2010 before the Small Causes Court, Ahmedabad for recovery of the amount as per the order dated 11.11.2008 passed by the Board of Nominees and the same is pending.
8. Considering the facts and circumstances of the case and the earlier orders passed by this Court, it is observed that in the pending execution proceedings the petitioner shall be at liberty to raise all contentions, which shall be considered and dealt with by the trial Court concerned in accordance with law. It is made clear that the amount deposited pursuant to the orders of this Court shall be given set off. The petition stands disposed of accordingly.
[K.
S. JHAVERI, J.] Pravin/* Top