Madras High CourtWP(MD)/28814/2023disposed of

Shiek Buhari v. The Joint Registrar Of Co-Operative Societies

2023-12-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Shiek Buhari ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Paramakudi, Ramanthapuram District.

2.The Deputy Registrar of Co-operative Societies / Arbitrator, Paramakudi, Ramanthapuram District.

3.The General Manager, Q-1102, Kamuthi Co-operative Urban Bank Ltd., Kamuthi, Ramanthapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioner to repay the original balance Principal Loan amount of Rs.4,55,535/- (Rupees Four Lakhs Fifty Five Thousand Five Hundred and Thirty Five only) along with 10% simple interest from the Arbitration award in ARC No.12/07-08 dated 1/4

27.07.2007 as One Time Settlement, as per G.O.(2D)No.77 Co-operative, Food and Consumer Protection (CC1) Department dated 22.07.2009 based on the petitioner's representation dated 04.10.2023. For Petitioner : Mr.L.George Paul Anto For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner had availed loan from the third respondent. He committed default. He subsequently suffered an arbitral award. The petitioner is now willing to repay the principal amount together with 10% simple interest. It is the first respondent who has to take a call in the matter. The petitioner has given a representation in this regard. The third respondent has already passed a resolution and the same has been forwarded to the second respondent. The second respondent is directed to forward the proposal to the first respondent immediately. The first 2/4

respondent shall pass an appropriate order on merits. This shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order.

3.This writ petition is disposed of accordingly. No costs. 07.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Joint Registrar of Co-operative Societies, Paramakudi, Ramanthapuram District.

2.The Deputy Registrar of Co-operative Societies / Arbitrator, Paramakudi, Ramanthapuram District.

3.The General Manager, Q-1102, Kamuthi Co-operative Urban Bank Ltd., Kamuthi, Ramanthapuram District.

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G.R.SWAMINATHAN, J.

ias 07.12.2023 (1/3) 4/4