Mohd. Yamin, J. - (1.) This misc. appeal has been directed against the order of iearned Additional District Judge, Abu Road dated 6.4.1999 by which he dismissed application under Order 39 Rule 1 and 2 CPC filed on behalf of the plaintiff appellant.
(2.) Admitted facts are that appellant Pratap Singh is a member of Co-operative Societies which runs the respondents Bank. He obtained a loan of Rs. 50,000/-. He did pay some amount but a balance of Rs. 50,195/- was due against him. Respondents bank issued him a notice under Section 117 of the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred as 'the Act of 1965') asking him to deposit the said sum alongwith interest accrued from 1.10.1998. Another notice dated 20.10.1998 was issued to deposit the balance money within seven days and the appellant was informed that in case he does not deposit the amount within this period, proceedings under Section 118 of the Act of 1965 will be token against him. Then a demand notice was issued on 17.11.1998. The plaintiff then filed a suit against the defendants respondents asking for an injunction for recovery of the amount. An application under Order 39 Rule 1 and 2 CPC for temporary injunction was also filed.
(3.) The case of the defendants respondents is that no such suit can be filed as they have a right to recovery the amount from the appellant. The defendants have a right and are empowered to recover the amount according to the provisions of the Act of 1965. The learned trial court was of the view that the case of the defendants has force. He was also of the view that the plaintiff appellant has no prima facie case and no balance of convenience in his favour and no irreparable loss was likely to be caused to him as he was simply to pay the amount. Therefore, it dismissed the petition.;