CR No.5427 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5427 of 2008 (O&M) Date of Decision: 26.11.2009 The Narnaul Primary Co-operative Agriculture Rural Development Bank Ltd. ....Petitioner Vs. Ramanand & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.Devinder Singh, Advocate, for the petitioner. Mr.Satish Garg, Advocate, for Mr.Minderjeet Yadav, Advocate, for respondent No.1. --- Vinod K.Sharma,J. (Oral) This revision petition is directed against the order dated 21.5.2008 passed by the learned courts below on an application moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The plaintiff/respondent filed a suit for permanent injunction claiming that the loan of Rs.35,500/- (Rupees thirty five thousand and five hundred only) vide Account No.7-50 and Rs.41,600/- (Rupees forty one thousand and six hundred only) vide Account No.5-60 taken for agriculture CR No.5427 of 2008 2 purposes be adjusted as per the Scheme issued by the State of Haryana, as the plaintiff was always ready to adjust the loan in accordance with the Scheme. It was also prayed that the respondents be restrained from effecting recovery of Rs.1,64,872/- (Rupees one lac sixty four thousand eight hundred and seventy two only) in pursuance to the notice dated 3.5.2006. Prayer was also made restraining the petitioner herein from auctioning the land or using coercive methods to recover the amount. The suit was based on a right under the Scheme framed by the State of Haryana called the Recovery Linked Incentive (OTS) Scheme-HSCARDB. Under the said scheme certain benefits were given to the debtors who had taken agricultural loan. The case of the plaintiff/respondent was that as per the Scheme the amount paid by him be adjusted in accordance with the scheme. In case it is so done then there are no dues left, as the amount of loan stands paid in totality. Learned trial court allowed the application and restrained the petitioner herein from effecting the recovery of the amount in pursuance to the notice issued by the petitioner bank. Appeal also failed. Learned counsel for the petitioner challenged the impugned order, on a plea that the grievances if any in the Scheme were required to be determined by the Committee constituted under the Scheme. Para No.11 of the scheme reads as under:- “11. Any aggrieved member under this scheme may file an application for rederessal of his grievances to the committee of following members. The members of the Committee are as under;- CR No.5427 of 2008 3 1 Deputy Registrar Cooperative Societies Chairman 2.Assistant Registrar, Cooperative Societies Member 3. Chief Executive Officer of the concerned DCARDB Member Convener Notice of the revision was issued to the respondent/plaintiff. Learned counsel appearing on behalf of the parties agree that this revision petition be disposed of by setting aside the impugned order and referring the parties to the Committee as per Clause 11 of the Scheme referred to above. In view of the stand taken by the learned counsel for the parties, this revision is disposed of with a direction to the plaintiff/respondent to approach the Committee constituted under the Scheme for redressal of his grievances within 15 days from today. In case the petitioner approaches the Committee, the Committee is directed to consider and decide the claim of the plaintiff/respondent in accordance with law as per the scheme expeditiously and preferably within one month from the date of receipt of such application along with certified copy of this order. Till disposal of the application, the Bank shall not take any coercive method, to effect the recovery of the amount. Revision disposed of. 26.11.2009 (Vinod K.Sharma) rp Judge