IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 258/2010 General Manager/Secretary, Tehri Garhwal Zila Shahkari Bank Ltd. Tehri and another …… Appellants. Vs. Ramesh Chandra Ramola and another … Respondents. (Hon’ble B.S. Verma, J.) Heard Mrs. Seema Sirohi, holding brief of Mr. Manoj Sah, Advocate for the appellants and perused the record. By means of this A.O. the appellants have challenged the order dated 17-6-2010, passed by Civil Judge (Senior Division), Tehri Garhwal, in O.S. No. 26/2010, whereby the learned Civil Judge (S.D.) has allowed the application of plaintiff filed under Order 39 Rule 10 C.P.C. and permitted the plaintiff to deposit a sum of Rs. 13,920-00 before the court, at his own risk. The learned counsel appearing for the appellants has raised the ground in this appeal that the suit is not maintainable in view of the provision of Section 110 read with Section 70 of the Uttaranchal Co-Operative Societies Act, 2003. The appellants/defendants have also filed an application under Order 7 Rule 11(d) of the C.P.C. before the trial court. Plea in this regard has also been taken in para-15 of their written statement by the appellants/defendants. Impugned order reveals that the learned Civil Judge (S.D.) Tehri Garhwal has permitted the plaintiff to deposit the amount before the court at his own risk. 2 The appellants may press their grievances raised in the appeal, before the trial court, by filing an application. The appeal is dismissed. However, it is directed that the learned Civil Judge (S.D.) Tehri Garhwal before proceeding further in the matter, shall decide the application of the appellants/defendants filed under Order 7 Rule 11(d) of C.P.C., expeditiously, as early as possible. Dated: 13-09-2010 (B. S.Verma, J.) ISB