Uco Bank Vs Harsore Krishak Sewa Andors — Rajasthan HC (2025) — LawSathi Research

Uco Bank Vs Harsore Krishak Sewa Andors — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both writ petitions disposed of by consent: respondent no.1 (Harsore Krishak Sewa Sahakari Samiti Limited) to pay Rs.20,00,000/- to petitioner-Uco Bank on or before 31.03.2025 as full and final settlement of all outstanding dues; upon payment, the Bank to withdraw DRT Jaipur Original Application No.90/2001, issue a no dues certificate and release all title/original documents; the award dated 22.08.2001 passed by the Arbitrator and Deputy Registrar Co-operative Societies and affirmed by the Rajasthan State Cooperative Tribunal by its judgement dated 06.11.2009 to stand quashed and set aside; the order to stand withdrawn on payment default; pending applications disposed of accordingly.

Issue for consideration

Settlement, by consent, of the outstanding dues of petitioner-Uco Bank against respondent no.1 Harsore Krishak Sewa Sahakari Samiti Limited, and the consequential treatment of the pending DRT Original Application No. 90/2001 and of the award dated 22.08.2001 affirmed by the Rajasthan State Cooperative Tribunal by judgement dated 06.11.2009

Court's answer

Respondent no.1 Harsore Krishak Sewa Sahakari Samiti Limited shall pay a sum of Rs.20,00,000/- on or before 31.03.2025 to petitioner-Uco Bank towards full and final settlement of all outstanding dues against it.

Ratio / Principle

On payment of the aforesaid amount, petitioner-Uco Bank shall withdraw Original Application No.90/2001 filed by it before the learned Debts Recovery Tribunal, Jaipur.

Key takeaways

On payment of the aforesaid amount, petitioner-Uco Bank shall issue a no dues certificate to respondent no.1 alongwith release of all title/original documents.ratio¶28
On payment of the aforesaid amount within the stipulated period, the award dated 22.08.2001 passed by the Arbitrator and Deputy Registrar Co-operative Societies and affirmed by the Rajasthan State Cooperative Tribunal by its judgement dated 06.11.2009 shall stand quashed and set aside.ratio¶29
In case of default in payment within the stipulated time, this disposal order shall stand withdrawn.

Detailed headnote1 paragraphs

Rajasthan HC (Jaipur Bench), Mahendar Kumar Goyal, J., 03/03/2025: disposed of S.B. Civil Writ Petitions No. 14525/2010 and connected No. 3004/2010 (Uco Bank Harsore Branch v. Harsore Krishak Sewa Sahakari Samiti Limited and others) by consent terms agreed by learned counsels. Respondent no.1 Samiti to pay Rs.20,00,000/- on or before 31.03.2025 towards full and final settlement of all outstanding dues; on payment, petitioner-Bank to withdraw Original Application No.90/2001 before the Debts Recovery Tribunal, Jaipur, issue a no dues certificate and release all title/original documents; the award dated 22.08.2001 passed by the Arbitrator and Deputy Registrar Co-operative Societies and affirmed by the Rajasthan State Cooperative Tribunal by its judgement dated 06.11.2009 to stand quashed and set aside; in case of payment default the order stands withdrawn; pending applications disposed of accordingly.

[2025:RJ-JP:9246]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 14525/2010

Uco Bank Harsore Branch Via Degana District Nagaur through its Branch Manager

----Petitioner

Versus

Harsore Krishak Sewa Sahakari Samiti Limited Harsore tehsil Degana District Nagaur through its Chairman

Debts Recovery Tribunal Rajasthan Jaipur through its Presiding Officer

----Respondents

Connected With

S.B. Civil Writ Petition No. 3004/2010

Uco Bank Harsore Branch Via Degana District Nagaur through its Branch Manager

----Petitioner

Versus

Harsore Krishak Sewa Sahakari Samiti Limited Harsore tehsil Degana District Nagaur

Dy. Registrar/Managing Director The Nagaur Central Cooperative Bank Nagaur

The Rajasthan State Cooperative Tribunal Jaipur through its Registrar

----Respondents

For Petitioner(s)	: Mr.	C.P. Sharma with
	Mr.	Saddik Khan
For Respondent(s)	: Mr.	B.C. Jain

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

03/03/2025

These writ petitions are disposed of in following terms as agreed and requested by learned counsels for the respective parties:-

[CW-14525/2010]

[2025:RJ-JP:9246]

(2 of 2)

“(i) The respondent no.1-Harsore Krishak Sewa Sahakari Samiti Limited, shall pay a sum of Rs.20,00,000/- on or before 31.03.2025 to the petitioner-Uco Bank towards full and final settlement of all outstanding dues against it.

(ii) On payment of the aforesaid amount, the petitioner-Bank shall withdraw the Original Application No.90/2001 filed by it before the learned Debts Recovery Tribunal, Jaipur and shall also issue no dues certificate to the respondent no.1 alongwith release of all title/original documents.

(iii) On payment of aforesaid amount within the stipulated period, the award dated 22.08.2001 passed by the Arbitrator and Deputy Registrar Co-operative Societies and affirmed by the Rajasthan State Cooperative Tribunal by its judgement dated 06.11.2009, shall stand quashed and set aside. (iv) In case of default in payment within the stipulated time, this order shall stand withdrawn.”

Pending application(s), if any, also stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/78-79