VIJAY MEHTA v. THE COLLECTOR-CUM-ASSISTANT REGISTRAR
CWP/13253/2026 · 2026-08-06
Jyotsna Rewal Dua
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19372 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19372 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 13253/2026
Decided on: 06.08.2026
Vijay Mehta
…..Petitioner
Versus
Collector-cum-Assistant Registrar & Anr.
.....Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner:
Mr. Kulwant Singh Katoch,
Advocate.
For the respondents: Mr.
L.N. Sharma, Additional
Advocate General, for respondent
No.1.
Mr. Narender Sharma, Advocate for
respondent No.2.
Jyotsna Rewal Dua, J.
Petitioner has prayed for a direction to the respondent- Baghat Urban Cooperative Bank Ltd. to recalculate his C.C. Limit Account in accordance with the Arbitration Award dated 24.03.2021 (Annexure P-1) and also to set aside the wrong and illegal overdues calculated in the sum of Rs.19,71,303.35/- plus interest, raised by the respondent-bank in its statement at Annexure P-11.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2.
Heard learned counsel for the parties, considered the case file as also the instructions placed on record by learned counsel for the respondent-bank.
3.
The case file reflects that an arbitral award under Section 72 of the Himachal Pradesh Cooperative Societies Act, 1968 was passed on 24.03.2021. In terms of the award, the petitioner was held liable to pay an amount of Rs.3,02,184/- by 30.03.2021. The petitioner was also liable to pay interest @ 12.50% per annum on the awarded amount till the date of payment to the bank. The statement issued by the respondent-bank, enclosed at Annexure P-11, reflects the liabilities due from the petitioner against his C.C. Limit Account as Rs.19,71,303.35/-. Petitioner disputes this computation as not in conformity with the Arbitral Award.
4.
During hearing of the case, learned counsel for the respondent-bank placed on record office instructions dated 05.08.2026 along with a computation sheet and, on that basis, submitted that in terms of the arbitral award, the total liability due from the petitioner towards his C.C. Limit Account, along with interest as on 05.08.2026, is Rs.3,35,947/- Learned counsel submitted that the petitioner is liable to pay only this amount in terms of the arbitral award and not the amount reflected in the bank statement at Annexure P-11.
Learned counsel for the petitioner submits that the petitioner is agreeable for defraying the liability of Rs.3,35,947/-, as
3 calculated by the respondent-bank towards settlement of his C.C. Limit Account, but prays for leave to discharge the liability in three equal instalments at intervals of 15 days, so that the entire liability is paid within 45 days.
Learned counsel for the respondent-bank has no objection to this proposal, save and except that the liability be discharged along with the applicable rate of interest in terms of the arbitral award.
In view of the above, this writ petition is disposed of with direction that the petitioner is permitted to discharge his liability towards the C.C. Limit Account, quantified by the respondent-bank at Rs.3,35,947/- as on 05.08.2026 (inclusive of interest up to 05.08.2026), within the next 45 days in three equal instalments, along with interest as awarded by the learned Arbitrator. Complete liability be discharged on or before 21.09.2026. Failure to discharge the liability shall entail consequences in accordance with law. Pending miscellaneous applications, if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge 6th August, 2026 (rohit)