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S.B. CIVIL WRIT PETITION NO.7785/2010
Small Industries Development Bank of India
Vs.
Addl. Registrar (Appeals), Coop. Societies, Jodhpur and Anr.
DATE OF ORDER : 16.8.2010
HON'BLE MR. GOVIND MATHUR, J.
Mr. G.R. Goyal, for the petitioner.
Mr. Girish Sankhla, for the respondents.
The petitioner Bank advanced a sum of Rs.85 lacs to M/s
M.D. Process, Pali on 2.3.2006. The creditor M/s M.D. Process,
Pali also availed financial assistance from the Pali Central
Cooperative Bank Limited, Pali and the Rajasthan Financial
Corporation. On having defaults, the Pali Central Cooperative
Bank Limited, Pali attached the mortgaged property and
proceeded for its auction as per the Rajasthan Cooperative
Societies Rules, 2003 (for short ‘the Rules of 2003’ hereinafter),
a notification, thus, was issued on 11.8.2010. The petitioner
Bank challenged the notification aforesaid by way of filing a
revision petition as per provision of Section 107 of the Rajasthan
Cooperative Societies Act, 2001 (for short ‘the Act of 2001’
hereinafter) before the Additional Registrar, Cooperative
Societies. An application seeking interim relief too was filed. The
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application aforesaid was dismissed on 12.8.2010 and revision
petition is fixed for further proceedings on 17.8.2010. The
instant writ petition is preferred to challenge the order dated
12.8.2010 passed by the Additional Registrar rejecting the
application for interim relief.
The contention of the learned counsel for the petitioner
is that the petitioner has advanced huge amount to M/s M.D.
Process, therefore, the first charge on mortgaged property is of
the petitioner.
A reply to the writ petition has been filed on behalf of
Pali Central Cooperative Bank Limited, Pali with a specific
assertion that as per document Ex.-R/7, the respondent Bank
will first satisfy the advanced amount of the petitioner Bank
and then of Rajasthan Financial Corporation and then of itself.
The relevant portion of the document Ex.-R/7 reads as under:-
“एक ब र पन: पर सहय ग क अपक क स थ ननवदन
ह कक एक फक त!न जगह रहन नह # ह सकत! अत:
हम र न!ल म! म& सहय ग पद न कर अपन पनतननध)
भ+जव व& त कक न!ल म! स प प र भ- पथम आपक ऋर
ख त म& ब द म& आर.एफ.स!. क ख त म& एव# ततपश त 3
हम र ऋर ख त म& जम करत हए -ष र भ- फक
प रनस क पद न क ज सक।”
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Heard learned counsel for the parties.
It is not in dispute that the revision petition preferred by
the petitioner before the Additional Registrar as per provision of
Section 107 of the Act of 2001 is yet pending and same is listed
before the competent authority on 17.8.2010. The instant
petition for writ is only against the interlocutory order. It is also
pertinent to note here that the respondent Bank in quite
unambiguous term conveyed the petitioner Bank that the
amount advanced by the petitioner Bank shall be first satisfied
from the amount availed on sale of mortgaged property. In such
circumstances, no interference of this Court as desired is
warranted. The petition for writ is accordingly dismissed.
(GOVIND MATHUR)J.
RM/
