'^ 3^iT ^|<||«i<<, ffTfltf'Ki, RrtKHy %^ WHv\1 **<!* "n^ 200 •CT^T ?ff ft-fi.'* ^srr 3n^?r s^ 3n^v inra? (^f^^w) Tfgm^fw-OT^i SIN^E^B&iCH: RDN'BLEJUSTICE I8eNt>RAMISHRA Urmiia ©upta. W/o Shri Shiv Prasad ©ujita,aged about 62 years, R/o Hardifcre Line, Sujieia Market. Bhiiai &istrict Ourg (C.0.). Vs 1. 2. pefitioner has prayed for fol| 1. Thaf the Hon'bi'e] Amexure P-3 hold oiwifi'fli ^wS Tffs^i <ri]«;i< ^? 3ifgH sn^r .P. fC] N0.5431/2007 Chhattisgarh Reyya Sohkari Bank Maryadit, Bhilai, Throug Authorized Officer, 10, Indira Palace, Bhilai Branch, Bhilai, District &urg (C.6.) Registfdr, Co-operative Societies, Raipur y.6.) Mr. Vipin Tiwari, Adv^cate for the petitioner. Mr. Vimiesh Bajpai, S^vernment (4dvocafe for the State. Heard. iy this petition und^r ArticSe 227 of the Constitution of India the (owing reiief;- [Court may kindiy be pieased to set aside award ng it wifh to be wifhout authority and iiiegaf. 2. That the Hon'ble 4ourt may calt fop the entire recor-d. 3, Ary other relief for direction which the Hon'ble Court may deems fit. be a!so owar'ddd. Srievance of the pefjtioner is thdf'she stood guarantor of loan fo one Pawan ©upta,who was advar|ced ioon by respndent No.l-bank, which is a co- oper-ative society registere^ undsr the C.G. Co-operative Sociefies ^ct. 1960. sn^rja R-fish W SVW SfiW ysss ^w^, ®iS)w\6,^wy. W^vil (h^l* 'V^ 200 an^?r w (1php^ff) 's^aiw ^ifeg sii^t 2-- ^T^fF^I'? •RN^t' '^\f^(^t' ^Fal^K ^i'aiRiiTOT^r Respondent No.l issued a notjce under Section 13 (2) of the Securitization and Reconstruction of Financial i4^sets and Enforcement of Security Interest Act, in9 upon the petitioner fo dischwge her iiabilities (Rs.7,71,253/- as on 31.1.2006 and as they hwe 2002 (for short 'the Act') cal to the bank to the tune of failed to discharge, therefo^e, they as secured creditor ore entitled to take possession of the secured c created in their- favour. Ejarlier the respondent No.l-bank had preferred proceedings for recovery of Socteties, burg, however, the^ pretext that they shall be ta^ing steps under the provisions of the Act. Learned counsel for t] Court' in the matter of €r&i categorjcally held that th| Cooperative Societies Act do defined in Section 5 (c) of th^ provisions of the Recovery Act, 1993 are not applicabie from their members and thei been held that provisions of contrary to law and the same | On the ortier hand, submits that the respondent| ;ssets over which a security interest has been loan before the Deputy Registror, Co-operative said proceedings were wi+hdr'awn by them on the ie petitioner submits that the Hon'ble Supreme |0rs. Reported in 2007 MR SCW 2325 has ^ co-operative banks established under the jiot fall within the meaning of 'banking company' as Bankiry Reguiation Act, 1949 and therefore, the o|f Debts Due to Banks ond Financial Institutions ^o the recovery of dues by co-operative societies jmpugned order of ^nnexure P-3 whereby it has 1fie ^ct shaft be applicable in the instant matter' is Ueserves to be set asjde. |lewned counsel for- the respondent No.l-Bank bank had withdrown the proceedings for- takir^ si^r^irfyiN "^an 3rn^?T ^Tn<^ ^ ^ •Svss '^ww-t.i, ^ww, [si^wy. tiraw **<i<* WI, 200 aff^r wg? ('q^f^^T) ^plfer^ 'WT^t '^,'f^^ ^^.K •^•3iRlH3n^T necessary steps under the Ac^ ond in these circumstances, the respondent No.l Bank may be permitted to r^vive the recovery proceeding, which has been dismissed as withdrawn by the^ Deputy Registrar, Co-operative Societies, Dur'g In view of the above c|ted judgment, the order of Annexure P-3 dated 26.6.2007 is admittedly contr^iry to lcw and the some cannot be sustained. In the resuit. the petftion is allowed ond the order- dated 26.6.2007 (Annexure P-3) is hereby set (fside. However, it shafl be o{>en to the respondent No.l-Bank to pursue the remedies available to it under frhe law. Dhirendra Mishra Judge