- (1.) The facts of the case are that the petitioner took a personal loan of Rs.50,000/- for running his kirana shop form the respondent-Bank. The loan carried a contracted interest rate @ 12% per annum and was to be repaid in 60 EMIs. It is an admitted case of the petitioner that for one reason or other, he could not repay the loan amount as the kirana shop did not do the expected business as also on the count of the petitioner's own physically disability. Consequently, the petitioner was required by the Rajasthan State Co-operative Bank Ltd. to adhere to the terms of the loan agreement. On the petitioner's failure to do so, he was served with an order dated 04.06.2011 in case No.S/JN/2010 passed by the Managing Director of the Rajasthan State Co-operative Bank Ltd. under Section 99 of the Rajasthan Co-operative Societies Act, 2001 (hereinafter 'the Act of 2001') wherein a demand was made for the payment of Rs.67,881.19/- being the aggregated amount of the principal loan amount of Rs.50,000/- and interest amount of Rs.17,881.19/-. Subsequently, a notice appears to have been issued to the petitioner on 18.10.2011 (which is not on record) under which the petitioner was required to pay the amount conveyed to the petitioner under the notice dated 04.06.2011 and further interest, failing which the property of the petitioner would be attached and auctioned.
(2.) The petitioner thereupon appears to have filed a revision petition under Section 107 of the Act of 2001 in the Court of Registrar, Co-operative Societies, Jaipur against the notice dated 18.10.2011 issued by the respondent-Bank. However, so far no orders appear to have been passed on the revision.
(3.) Even while the revision is pending, apprehensive to the attachment of his property, the petitioner has approached this Court.;