Extracted from the PDF above. The PDF is authoritative.
2025:HHC:14080
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 7916 of 2025
Decided on: 15.05.2025 The Kangra Central Cooperative Bank Ltd.
… Petitioner
Versus
State of Himachal Pradesh and others … Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Rakesh Kumar Thakur, Advocate.
For the respondents : Mr. Pushpender Jaswal, Addl. AG for
respondents-State.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-
“a) That the priorities as has been fixed by respondent No.2 vide Annexure P-5, Letter No.7-47/2007-Coop(Liquidation) may kindly be quashed. b) That the petitioner bank being a secured creditor be given first priority by the respondent No.2 and further respondent No.2 be directed to release an amount, amounting to Rs.4,25,25,251/-as on 14-1-2025 with further interest in favour of the petitioner bank. c) That during the pendency of the present writ petition respondent No.2 be stayed and restrained from
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2025:HHC:14080
disbursement of claim to any party.”
2.
In terms of the provisions of Section 93(j) of the H.P. Cooperative Societies Act, 1968, an order made by the Liquidator of the Society, exercising the powers conferred under Section 80 of the Act ibid, is appealable. As the petitioner has directly approached this Court without availing the statutory remedy, this petition is dismissed as withdrawn, with liberty to the petitioner to invoke the jurisdiction of the Fora concerned.
3.
It is clarified that the time spent by the petitioner while pursuing this petition before this Court shall be excluded by the Authority below while calculating the limitation. Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge May 15, 2025 (narender)