Himachal Pradesh High Court
CWP/4720/2010 on 29 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 4720 of 2010-E.
Decided on: December 29, 2011.
Narain Dass Sharma s/o Sh. Kirpa Ram Sharma r/o Ward No. 5 Tehsil Nalagarh Distt. Solan H.P. presently working as Manager Jogindra Central Cooperative Bank, Panjehra Tehsil Nalagarh Distt. Solan, H.P.
……….Petitioner.
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1. State of H.P. through its Principal Secretary Cooperative, Shimla.
2. Jogindra Central Co-operative Bank through its Managing Director, Rajgarh Road Shimla, H.P.
3. Anoop Kumar s/o Sh. Tara Chand
4. Udho Prashad s/o Sh. Ram Kewal
5. Rajan Kumar s/o Sh. Mohan Kumar
6. Maya Shukla w/o Sh. Udho Prashad Shukla
All C/O Shop no. 7 royal chambers, Kasauli road Parwanoo, Distt. Solan, H.P.
7. Tulsi Dass s/o Sh. Shankar Dass c/o HPSEB, Parwanoo, Idst. Solan H.P.
8. Baldev Krishan,
9. Suman Bansal
All c/o shop no. 7 royal Chambers, Kasauli Road Parwanoo, Distt. Solan H.P.
……….Respondents.
Coram
The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge.
For the petitioner:
Mr. Dinesh Bhanot, Advocate. For the respondents:
Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG for respondent No. 1.
Mr. Ramakant Sharma, Advocate, for respondent No. 2. Mr. G.S. Rathore, Advocate, for respondent No. 7. ---------------------------------------------------------------------------------------------- High Court of H.P. 2011:HHC:11265-DB ::: Downloaded on - 04/11/2026 23:13:27 :::CIS
2 Justice Kurian Joseph, C.J. (Oral)
Annexure P-3, order passed by the Additional Registrar (Monitoring) Co-Operative Societies, H.P. Shimla dated 30.6.2010 is under challenge. The petitioner apprehends that steps for recovery will be taken in the light of the said order without proceeding against the guarantors and respondents No. 7 and 8. We find it difficult to appreciate the above submission in Annexure P-3, order passed by the Additional Registrar. It is ordered as follows in the matter: “In any case, the liability of the appellant comes only after the liability of the principal loanees and their guarantors, respondents No. 7 and 8.”
2. However, in view of the apprehension expressed by the writ petitioner, it is made clear that the Tehsildar, for that matter the Recovery Officer shall first proceed against principal loanees and guarantors. Only after exhausting steps against them, the petitioner shall be proceeded against. It is also made clear that the petitioner shall not alienate or otherwise create any encumbrance in the immovable properties in the meanwhile without getting orders from the Court.
3. With the above observations, the writ petition is disposed of, so also the pending application, if any.
Copy Dasti.
(Justice Kurian Joseph),
Chief Justice.
December 29, 2011,
( Justice Dev Darshan Sud), (karan/vs)
Judge.
High Court of H.P. 2011:HHC:11265-DB ::: Downloaded on - 04/11/2026 23:13:27 :::CIS