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2026 DAILYLAW 7204 (UTT)

SANDEEP BHANDARI v. STATE OF UTTARAKHAND

WPMS/1859/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010105392026 2026:UHC:4936 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1859/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Suresh Chandra Bhatt, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. N.S. Pundir, Advocate, for the respondent no. 3 and 4. (2) Petitioner took a car loan of ₹15,50,000/- from Uttarakhand Cooperative Bank, Rishikesh, in the year 2014. Since there was default in repayment of loan, therefore, the bank initiated arbitration proceedings under Section 70 of Uttarakhand Cooperative Societies Act, 2003. The Arbitrator has given award against the petitioner on 2.6.2025. Petitioner is now before the Cooperative Tribunal challenging the award given by the Arbitrator. By means of this writ petition, petitioner has sought the following reliefs: “i. Issue a writ of certiorari to quash/set aside the ex-parte order dated 02.06.2025 Annexure no. 02 (Page no. 21 to 23) and recovery citation dated 07.06.2026 Annexure no. 03 (Page no. 29 to 30) to this writ petition. ii. Issue a writ, order or direction in the nature of to stay the effect and operation of recovery citation dated 07.06.2026 Annexure no. 03 (Page no. 29 to 30) to this writ petition. iii. Issue a writ, order or direction in the nature of mandamus commanding the respondent’s petitioner is ready to pay the rest loan amount in easy installments.” UKHC010105392026 2026:UHC:4936 (3) Learned Counsel for the petitioner submits that quorum of the Cooperative Tribunal is not complete, therefore petitioner has no other remedy but to approach this Court for protection, as term of Chairman and two Members has expired. (4) Learned State Counsel, however, submits that two Members have been appointed in the Cooperative Tribunal vide order dated 9.6.2026. He thus submits that quorum of the Tribunal is now complete and appeal filed by the petitioner can very well be decided in a time bound manner. (5) Since the requisite quorum of the Cooperative Tribunal is now available, where petitioner’s appeal is pending, therefore, this Court is not inclined to entertain this writ petition on merits. Writ petition is, however, disposed of with a request to Tribunal concerned to consider and decide the interim relief application, if any, filed by the petitioner within two weeks from the date of production of certified copy of this order. The appeal itself shall also be taken up and decided as early as possible, in accordance with law. (6) For a period of two weeks or till decision on interim relief application, whichever is earlier, no coercive action shall be taken against the petitioner. (Manoj Kumar Tiwari, J.) 17.6.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.17 17:12:24 +05'30' UKHC010105392026 2026:UHC:4936