Execution of an award passed in case of cooperative bank before collector
ckanta
(Querist) 20 October 2015
This query is : Resolved
Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.
I have taken a loan of 20000 from one of the Cooperative bank situated at delhi in year 2007 however due to finanacial crisis and unforseen conditions I was not able to pay the amount and society has taken exparte award against me.in year 2008. Now i am willing to pay the amount and contacted Ban officials they harasssed me and said that you have to pay 90000 if u want to settle the loan else we would file execution proceedings aainst you before ASSt Collector, Cooperative societies and Civil courts have no jurisdiction to interfere in it and we will not accept any amount less than 90000. I have contacted one lawyer he also suggest that there is no remedy as civil courts are debarred from Cooperative society dispute.So please help me with good lawyer who may help me in this or can we challenge that the amount is exceesive and unreasonable.Please help . Thanks in advance
Isaac Gabriel
(Expert) 20 October 2015
You can invoke the appeal provision in the Coop.Societies Act. If you want to settle the dues, you can remit it in instalments with the interest accrued.The scoiety is at liberty to waive prtion of interest with the permission of the Registrar.
K.S.Srinivas
(Expert) 21 October 2015
Prefer an appeal to the Appellate Authority requesting for waival of some amount.
