Hasmukhbhai Narshidas Kakkad vs Recovery Officer on 25 March, 2026

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    Gujarat High Court

    Hasmukhbhai Narshidas Kakkad vs Recovery Officer on 25 March, 2026

    Author: Sunita Agarwal

    Bench: Sunita Agarwal

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                                C/LPA/31/2026                                CAV JUDGMENT DATED: 25/03/2026
    
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                                                                       Reserved On   : 19/01/2026
                                                                       Pronounced On : 25/03/2026
    
                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                       R/LETTERS PATENT APPEAL NO. 31 of 2026
                                                         In
                                       R/SPECIAL CIVIL APPLICATION/20018/2019
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                         In
                                       R/LETTERS PATENT APPEAL NO. 31 of 2026
                                                        With
                                       R/LETTERS PATENT APPEAL NO. 32 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 19792 of 2021
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                         In
                                       R/LETTERS PATENT APPEAL NO. 32 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 19792 of 2021
                                                        With
                                       R/LETTERS PATENT APPEAL NO. 33 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 2430 of 2022
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                         In
                                       R/LETTERS PATENT APPEAL NO. 33 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 2430 of 2022
                                                        With
                                       R/LETTERS PATENT APPEAL NO. 34 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 2431 of 2022
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                         In
                                       R/LETTERS PATENT APPEAL NO. 34 of 2026
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 2431 of 2022
                                                        With
                                      R/LETTERS PATENT APPEAL NO. 1111 of 2025
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 20034 of 2019
    
    
    
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                                                                                                                  NEUTRAL CITATION
    
    
    
    
                                C/LPA/31/2026                                CAV JUDGMENT DATED: 25/03/2026
    
                                                                                                                 undefined
    
    
    
    
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                         In
                                      R/LETTERS PATENT APPEAL NO. 1111 of 2025
                                                          In
                                    R/SPECIAL CIVIL APPLICATION NO. 20034 of 2019
    
    
                            FOR APPROVAL AND SIGNATURE:
    
                            HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
                            AGARWAL
                            and
                            HONOURABLE MR.JUSTICE D.N.RAY
    
                            =============================================
    
                                        Approved for Reporting                Yes            No
                                                                               
                            =============================================
                                                 HASMUKHBHAI NARSHIDAS KAKKAD
                                                            Versus
                                                    RECOVERY OFFICER & ANR.
                            =============================================
                            Appearance:
                            MR RS SANJANWALA, SR. ADVOCATE WITH MS SANGEETA
                            PAHWA FOR THAKKAR AND PAHWA ADVOCATES(1357) for the
                            Appellant(s) No. 1
                            MR SN SOPARKAR, SR ADVOCATE WITH MR RC KAKKAD(389)
                            for the Respondent(s) No. 1,2
                            =============================================
    
                             CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                                   SUNITA AGARWAL
                                   and
                                   HONOURABLE MR.JUSTICE D.N.RAY
    
    
                                                       CAV JUDGMENT
    

    (PER : HONOURABLE THE CHIEF JUSTICE
    MRS. JUSTICE SUNITA AGARWAL)

    1. These intra court appeals are directed against common
    judgment and order dated 10.07.2025 passed by the writ
    Court dismissing the writ petitions filed with the two set

    SPONSORED

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    of prayers, as follows:-

    (Prayers in Special Civil Application Nos.
    20018/2019, 20034/2019 & 19792/2021)

    “A) YOUR LORDSHIPS may be pleased to issue
    appropriate writ, order or direction, quashing and
    setting aside the impugned notice dated
    29.10.2019 (Annexure-A) and all
    consequential actions in pursuance thereto, as
    being illegal, arbitrary and violative of Art. 14 of
    the Constitution of India;

    (B) YOUR LORDSHIPS may be pleased to stay the
    implementation, operation and execution of the
    impugned notice dated 29.10.2019 (Annexure-A)
    and all consequential actions in pursuance thereto,
    pending the admission, hearing and final disposal
    of this appeal;”

    (Prayers in Special Civil Application Nos.
    2431/2022 and 2431/2022)

    (A) YOUR LORDSHIPS may be pleased to issue
    appropriate writ, order or direction, quashing and
    setting aside the impugned notice dated 18.1.2022
    issued to all the petitioners as well as the public
    notice dated 18.1.2022 published in Newspaper
    (Annexure-A Colly) and all consequential actions in
    pursuance thereto, as being illegal, arbitrary and
    violative of Art. 14 of the Constitution of India;

    (B) YOUR LORDSHIPS may be pleased to stay the
    implementation, operation and execution of the
    impugned notice dated 18.1.2022 issued to all the
    petitioners as well as public notice dated 18.1.2022
    published in Newspaper (Annexure-A Colly),
    pending the admission, hearing and final disposal
    of this appeal;”

    2. The facts leading to the filing of the above set of writ

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    petitions arising from the common occurrence, noted
    from the leading petition, i.e. Special Civil Application
    No. 20018 of 2019, as recorded in the judgment
    impugned are :-

    (a) The father of the petitioners herein and their
    brother as also their partnership firm, namely M/s.

    Narshidas Gordhandas Kakkad (hereinafter
    referred to as the “borrowers”), borrowed a sum of
    Rs. 2,00,000/- and Rs. 4,00,000/- with 21% of
    simple interest as mortgage loans on 24.12.1999
    and 25.02.2000; respectively, from the respondent
    no. 2 Bank, namely the Porbandar Vibhagiya
    Nagrik Sahakari Bank Limited.

    (b) The borrowers defaulted in payment of instalments,
    and as such, the respondent Bank filed Lavad Case
    Nos. 53 and 54 of 2001 before the Board of
    Nominees which proceedings culminated into an
    award dated 13.06.2003 passed in favour of the
    respondent bank aggregating to Rs.6,71,252/-
    (Rs.4,52,937/- and Rs.2,18,315/-) against two loan
    accounts with simple interest @ 21% leviable with
    effect from 01.01.2001.

    (c) Aggrieved by the award, the original petitioners
    herein filed Appeal Nos. 1012 and 1013 of 2003
    before the Gujarat State Cooperative Tribunal,
    Ahmedabad, under Section 102 of the Gujarat
    Cooperative Societies Act, 1961 (hereinafter

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    referred to as the “Act’ 1961”) which were
    dismissed by order dated 31.08.2004, which had
    not been challenged further and, thus, has attained
    finality.

    (d) Pursuant to the award, the Bank had attached the
    mortgaged property on 17.11.2003, and an amount
    of Rs.15,30,000/- was recovered as a result of
    auction of the said property, held on 09.05.2009.
    However, further amount of Rs. 10,18,000/-
    remained due to be recovered from the borrowers
    as an entire outstanding loan was not satisfied.

    (e) The Respondent Bank had further issued
    attachment notice dated 17.09.2012, seeking
    recovery of the remaining due loan amount, which
    was challenged by filing two Revision Applications
    No.208 and 209 of 2009 before the Joint Secretary
    (Appeals), Agriculture and Cooperation
    Department.

    (f) During the pendency of the said revision
    applications two Writ petitions being Special Civil
    Application Nos. 14847 of 2012 and 14947 of 2012
    were preferred by the partnership firm (borrower)
    against which the award dated 13.06.2003 was
    passed.

    (g) On a request to consider for grant of one time
    settlement pursuant to the scheme of the State

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    known as “One Time Settlement Scheme” dated
    18.09.2012, an interim order dated 30.10.2012 was
    passed by this Court therein directing the
    respondent Bank not to take any coercive measures
    against the petitioners.

    (h) Ultimately, by judgment and order dated
    28.03.2013, the said writ petitions came to be
    dismissed, leaving it open for the respondent Bank
    to realize the amount which remained
    unchallenged with the observations that the
    petitioner therein would have no right whatsoever
    to resurrect the loan amount and ask for one time
    settlement. However, it was further directed by
    this Court that since the revision applications were
    pending, the revisional authority shall decide the
    same.

    (i) By way of an order dated 16.04.2013, the revisional
    authority, namely the Joint Secretary (Appeals) had
    quashed the Attachment Notice dated 17.09.2012
    on technicality, leaving it open for the respondent
    Bank to initiate fresh recovery proceedings as per
    the rules and regulations.

    (j) Subsequent to the disposal of the Revision
    Applications, the petitioner preferred Letters
    Patent appeals challenging the judgment and order
    dated 28.02.2013 of dismissal of the aforesaid writ
    petitions. Initially an interim order dated

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    16.07.2013 was passed and, however, appeals were
    finally disposed of by judgment and order dated
    29.09.2016, without interfering with the decision of
    the writ court, leaving it open for the petitioners to
    raise all objections regarding penal interest before
    the appropriate authority as and when fresh
    recovery proceedings were initiated.

    (k) Thereafter, the respondent Bank issued a fresh
    Attachment Notice dated 02.01.2017, which was
    further challenged before this Court in Special Civil
    Application Nos. 493 of 2017 and 503 of 2017.
    Again, an interim order dated 13.01.2017 was
    passed restraining the respondent bank from
    proceeding with the said attachment notice.

    (l) The respondent Bank, however, made a statement
    before this Court that the attachment notice dated
    02.01.2017 being composite notice, they will not
    proceed with the same and will issue fresh notices
    for realization of the amount against respective
    decrees.

    (m) Fresh notices dated 29.10.2019, thereafter were
    issued with reference to two loan accounts. For
    Loan Account No.1, the petitioners-successors
    were asked to pay an amount of Rs. 76,87,852.14,
    which was subjected to challenge in Special Civil
    Application No. 20018 of 2019.

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    (n) With regard to the second notice of the even date
    for the Loan Account No. 7, the recovery notice for
    an amount of Rs. 79,54,310.99 was subjected to
    challenge in Special Civil Application No. 20034 of
    2019.

    (o) The other three writ petitions being Special Civil
    Application No. 19792 of 2021, Special Civil
    Application No. 2430 of 2022 and Special Civil
    Application No. 2431 of 2022 are pertaining to a
    second attachment notice dated 18.01.2022.

    (p) It is recorded by the writ court in the judgment
    impugned that the petitioners in the aforesaid set
    of writ petitions are heirs and legal representatives
    of the original borrowers, namely Tulsidas Narsidas
    Kakkad and Haridas Narsidas Kakkad. It was the
    case of the petitioners before the writ court that
    both the decrees/awards for recovery of the
    outstanding loan amount had become final in the
    year 2004 with the dismissal of the appeals of the
    borrowers filed before the Gujarat State
    Cooperative Tribunal, however, the recovery
    notices were issued in the year 2012 for the first
    time and moreover, the self-acquired properties of
    the heirs of the original borrower are sought to be
    attached pursuant to the recovery notices. The
    attachment notices issued in the year 2012 are
    legally barred by limitation.

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    (q) The further contention was that the Secretary,
    Gujarat State Urban Co-operative Bank Federation
    Limited, the Apex Society, which has been
    conferred with the powers of the Registrar under
    Section 159 of the Act, 1961 by the notification of
    the State Government dated 07.10.2002 under
    section 162(b) of the Act, had sub-delegated his
    powers to the ‘recovery officer’, namely the
    respondent No. 2 therein, who happened to be an
    officer/employee of the respondent bank.

    (r) It was contended that the provisions of section 162

    (b) or the Notification of the State did not entrust
    the Secretary, Gujarat State Urban Co-operative
    Bank Federation Limited (in short as
    “GSUCBFL/Federal Society”) to sub-delegate the
    power of recovery to anyone else. It was only the
    Secretary of the said Federal Society who could
    have exercised the powers of the Registrar as
    enumerated under Section 159 of the Act 1961.
    Once the Federal Society was substituted for the
    Registrar and entrusted with its power under
    section 159 of the Act 1961, the Secretary of the
    Federal Society has no power to delegate its
    authority to anyone except its own employee,
    subordinate to the Secretary.

    (s) The third submission was with regard to the
    calculation of penal interest.

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    (t) The learned Single judge has returned the findings
    on the issue of sub-delegation/jurisdiction of the
    Federal authority in paragraphs ’16’ and ’17’, as
    under :-

    “16. Now, resorting to the merits of the
    matter, the first controversy raised is with
    regard to the jurisdiction of the officer
    authoring the impugned attachment notice.
    The notice was issued by the respondent
    having been conferred the powers by the
    Notification dated 07.10.2002 and under
    provisions of Section 162(b) of the Act. The
    powers of the Registrar are delegated under
    the Act. By way of Notification dated
    07.10.2002 the delegation was given to three
    societies. One of them being Gujarat State
    Urban Co-operative Bank Federation Limited.
    In furtherance to the delegation, the Gujarat
    State Urban Co-operative Bank Federation
    Limited has appointed respondent no. 2 as
    delegetee. The core question raised alleging
    that concerned officer is not employee or
    officer of the Gujarat State Urban Co-
    operative Bank Federation Limited, but he is
    the employee of another Bank. Therefore, it
    amounts to subdelegation and therefore, the
    jurisdiction of the person issuing the
    attachment is doubted. Therefore, the main
    contention is that recognized society i.e.
    Gujarat State Urban Co-operative Bank
    Federation Limited instead of exercising its
    power through its officer have appointed
    another officer of subordinate cooperative
    society for the purpose of recovery of the
    awarded dues and therefore, it amounts to
    sub-delegation of the powers.

    17. The first aspect concerning the contention
    raised by learned advocate Ms. Pahwa is that
    the notification of the delegation of powers is

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    not under challenge. Therefore, the only issue
    that has to be seen is whether the powers
    vested with the Registrar are exercised in
    proper manner. Once the phrase Registrar
    has been substituted by delegated authority,
    namely the Gujarat State Urban Co-operative
    Bank then the powers are to be exercised by
    the said Bank. It is not correct for learned
    advocate Ms. Pahwa to contend that the
    powers of the Urban Co-operative Bank are to
    be exercised only by the employee of the said
    Bank. The said Bank has appointed
    respondent no. 2 to execute the powers of
    conferred upon by the Bank. Therefore there
    is no substance in the contention raised by
    learned advocate Ms. Pahwa that the powers
    are exercised by the officer without
    jurisdiction. Once the challenge to
    Notification dated 07.10.2002 is not disputed
    then the challenge to power executed by the
    Gujarat State Urban Co-operative Bank
    Federation Limited cannot be doubted. The
    decision relied upon by learned advocate Ms.
    Pahwa challenging the jurisdiction
    fundamentally revolve around the challenge
    to Notification dated 07.10.2002. In the
    instant case, the notification is not under
    challenge. For the reasons mentioned herein-
    above the challenge to power executed by the
    respondent no. 2 is untenable is required to
    negatived. The judgments relied upon by the
    petitioner would not be of any help as they
    would be different from the facts of the
    present case. In the decision in case of A. K.
    Roy (supra) and in case of Sahani Silk Mills
    (P) Ltd. (supra), the reasoning centers on the
    interpretation of the statutory provisions
    which permits to delegate the powers.

    Applying the maxim “delegatus non potest
    delegare”, the Court has concluded that sub-
    delegation without statutory authorization is
    impermissible. In the instant case, there is
    statutory force conferred to Notification dated

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    07.10.2002 under the provisions of Section
    162(b)
    of the Act. The Notification dated
    07.10.2022 is not under challenge. The
    statutory authority and the powers conferred
    by Notification dated 07.10.2002 are not
    under challenge and therefore, the decisions
    relied upon by learned advocate Ms. Pahwa
    would not be of any help to the case of the
    petitioner.”

    (u) On the issue of limitation, the findings are in
    paragraphs ‘17.1’ and ’18’, which read as under:-

    “17.1. The second issue raised by learned
    advocate Ms. Pahwa is with regard to notice
    being barred by limitation. As per the facts of
    the case, the original award was passed on
    13.06.2003 and appeal against the award was
    dismissed on 31.08.2004. It is the case of the
    petitioners that the execution proceedings
    against all the six judgment debtors
    commenced on 17.09.2012 and the impugned
    notice is issued in the year 2019 which is
    almost after 15 years and further fresh
    notices are issued to the legal heirs of the
    original borrowers on 18.01.2022 which is
    almost after 18 years. However what needs to
    be taken into consideration is pendency of
    this issue at various forums and before this
    Court. In the year 2012, the first writ petition
    was preferred where the stay was granted
    and the same was dismissed during the
    pendency of the revision applications.
    Thereafter the revision applications which
    were subject matter of remand were disposed
    of with a direction to prefer fresh application.
    The dismissal of writ petitions which inter alia
    prayed for One Time Settlement Scheme was
    carried into appeal wherein stay was granted
    against recovery. Further the Letters Patent
    Appeal was dismissed and subsequent to the
    dismissal of Letters Patent Appeal, Revision

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    Applications were also disposed of with a
    direction to pass a fresh order. The
    attachment order issued subsequent to the
    revision applications were further challenged
    by way of writ petition. Stay was granted in
    this writ petition. The writ petition preferred
    were again disposed of pursuant to the
    statement made to pass fresh attachment
    notice. This fresh attachment notice is subject
    matter of three writ petitions being Special
    Civil Application No. 20018 of 2019, Special
    Civil Application No.19792 of 2021 and
    Special Civil Application No. 20034 of 2019.
    The time consumed in these litigation have to
    be taken into account before coming to the
    conclusion on the issue of limitation.
    Therefore to exclude such time, Article 15 of
    the Limitation Act will come into play. It is
    trite law that the dismissal of the execution
    petition or withdrawal of the first execution
    petition would not come in the way of the
    second execution petition, but the time
    consumed while deciding the first execution
    notice or attachment notice which was
    pending litigation has to be excluded while
    deciding the period of limitation. In the facts
    of the case, the period from 2012 to 2017 has
    to be excluded while considering the period of
    limitation and therefore, the issue raised by
    learned advocate Ms. Pahwa would be
    untenable. The period for which litigation
    have been pending and prohibitory orders
    were passed would not considered while
    counting the period of limitation. Further the
    decision relied upon by learned Senior
    Advocate Mr. Soparkar would be squarely
    applicable to the facts of this case. The issue
    of limitation is raised in both the notices i.e.
    the notice issued in the year 2019 and the
    notice issued in the year 2022. The notice
    issued in the year 2019 is against the original
    borrowers. The fact that the litigation was
    pending and prohibitory order was passed

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    would become a factor for counting the
    period of limitation. Final appeal order was
    passed in the year 2004 and 12 years from
    the year 2004 would be in the year 2016.
    Further before coming to the final decision of
    the year 2016, the period of limitation and
    prohibitory orders have to be accounted for.
    Apart from that once the execution
    proceeding has been initiated then it cannot
    be deemed to be finally disposed of.
    Subsequent application has to be treated as
    continuance of the former one where the
    former execution application is disposed of
    for some reason, then the latter execution
    application would deemed to be one for
    revival of the former one. Therefore, once the
    execution has started before the period of
    limitation i.e. in the year 2012, then the
    second execution would be in continuance
    and revival of the earlier one. Therefore, the
    subsequent execution order of the year 2019
    which has been initiated after variety of
    litigation and prohibitory orders and
    subsequent direction to pass fresh attachment
    orders cannot be said to be beyond the period
    of limitation.

    18. Apart from this aspect, the other point
    raised by learned advocate Ms. Pahwa is with
    regard to the attachment notice issued in the
    year 2022. It has been submitted by learned
    advocate Ms. Pahwa that the attachment
    notice of the year 2022 is for legal heirs of the
    original borrowers and that issue has been
    raised for the first time in the year 2022 i.e.
    after a period of 18 years from 2004. It has to
    be noted that the subsequent attachment
    notice even if given to the legal heirs of the
    original borrowers is subsequent to the death
    of the original borrowers. Therefore it is in
    continuance of the earlier attachment notice
    to the original borrowers and cannot be said
    to be fresh attachment notice and beyond the

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    period of limitation. However, one aspect
    needs to be clarified is that the attachment
    notice to the legal heirs of the original
    borrowers would only be qua inheritance by
    the legal heirs for the property or estate of
    the original borrowers. There is no
    clarification given with regard to the
    explanation given by the legal heirs about the
    self acquired property. The petitioner of
    Special Civil Application No. 2430 of 2022
    and Special Civil Application No. 2431 of
    2022 being the legal heirs of original
    borrowers can very well demonstrate before
    the appropriate authority as to whether the
    property was self acquired or part of any
    estate or borrowed from the original
    borrowers. The notices cannot be issued to
    any of the self acquired property of the legal
    heirs. However, such exercise has to be
    conducted only before the appropriate
    authority. If the property are self acquired
    property of the legal heirs, then they cannot
    be subjected to any of the proceedings.
    Therefore, the issue raised by learned
    advocate Ms. Pahwa as regards limitation is
    answered against the petitioner. Further, the
    decisions relied upon by learned advocate Ms.
    Pahwa would not be of any help. The decision
    in case of Antonysami (supra) discusses of the
    application which was filed after 12 years of
    pronouncement of the judgment. In the
    instant case, the execution application was
    not filed after 12 years but there were
    multiple execution proceedings, subsequent
    to the order passed by the Tribunal or by this
    Court. As far as the new properties which
    were attached, the same was done after the
    demise of the original judgment debtor.
    Further, the scope of the attachment has to
    be looked from the angle of any asset being
    transferred by the original judgment debtor.
    In the instant case, the decision in case of
    Marulasiddappa. (supra) and in case of

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    Pentapati China Venkanna & Ors. (supra)
    would not be of any help to the petitioner.
    Therefore, the contention with regard to the
    aspect of limitation raised by the petitioner
    has to go against the petitioner.”

    (v) On the third aspect of wrong calculation of penal
    interest, the observations of the learned single
    judge in paragraph ’19’ of the judgement are
    relevant to be noted hereinunder:-

    “19. The third and the last aspect raised by
    learned advocate Ms. Pahwa is with regard to
    the calculation of the original borrowers
    penal interest. Unfortunately this cannot be
    an aspect which has to be adjudicated before
    this Court. This Court cannot be relegated to
    a form of recovery officer wherein calculation
    with regard to original borrower raising
    interest have to be made. It would be upon for
    the petitioner to adjudicate this issue before
    the recovery officer or any appropriate forum
    as may be available in accordance with law.”

    3. In the present appeals, the main issue initially pressed
    before us is about the delegation of powers of issuance
    of recovery certificate by the Secretary, Federal Society.
    Referring to Section 159 of the Act’ 1961, it was
    vehemently argued by Mr. R.S. Sanjanwala, learned
    Senior counsel for the appellants/original petitioners,
    that the power to recover due amount together with
    interest by attachment and sale of property of any
    person against whom a decree or award has been
    passed, is conferred upon the Registrar or any officer
    subordinate to him and empowered by him in that
    regard. The delegation of powers of the Registrar under

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    the Act, 1961 to a Cooperative federal society
    recognized under Section 95 or to an officer of such
    society, is permissible in view of Section 162(b) by
    notification issued by the State Government in the
    Official Gazette and subject to such conditions as
    imposed therein.

    4. In the instant case, by the Notification dated 07.10.2002,
    issued in exercise of powers conferred by Section 162(b)
    of the Act, 1961, published in the Official Gazette, the
    powers of the Registrar under Section 159 of the Act
    1961 to recover sum, interest, cost, etc., has been
    delegated to the Federal Society registered under the
    Act and recognized, as such, under sub-section (1) of
    Section 95. The schedule to the said notification issued
    by the Agriculture and Cooperation Department,
    published in the Official Gazette, also makes it clear that
    the power of the Registrar was conferred to the officer,
    namely the Secretary of the Federal Society, i.e.
    Secretary, Gujarat State Urban Co-operative Banks
    Federation Limited.

    5. Another Notification of the same date, i.e. 07.10.2002,
    published under Section 161, provides that the
    provisions of Section 95(1) of the Act, 1961 shall apply to
    the societies specified in the schedule annexed thereto,
    which contains the name of the Gujarat State Urban Co-
    operative Banks Federation Limited.

    6. The result is that the State Government, by Notification

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    dated 07.10.2002, delegated the power of the Registrar
    under the Act 1961, as conferred upon the Registrar
    under Section 159, to make attachment and recovery of
    sum due by sale, to the Secretary of the Federal Society.
    However, in an illegal manner, the Secretary of the
    Federal Society issued a communication dated
    10.08.2021 to the officers/employees of the respondent
    bank designating them as the “recovery officer”

    delegating the power of making recovery under Section
    159
    of the Act. The attachment and recovery notices
    having been issued by the said officer to whom sub-
    delegation was made by the communication dated
    10.08.2021 issued by the Secretary of the Federal
    Society, are wholly without jurisdiction.

    7. It was vehemently argued that the respondent no.1
    herein, an employee of the respondent No.2 bank,
    namely Porbandar Vibhagiya Nagrik Sahakari Bank
    Limited, even otherwise, could not have been sub-
    delegated the Registrar’s power of recovery which was
    delegated to the Secretary of the Federal Society under
    Section 162(b) of the Act, 1961 by the State
    Government.

    8. Further pressing upon the language employed in Section
    161, it was vehemently submitted by the learned Senior
    Counsel for the appellants that assuming for a moment
    that the power of the Registrar conferred upon the
    Secretary of the Federal Society could have been further
    given to any subordinate officer, but then it was

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    incumbent that the said subordinate officer should be an
    officer of the Federal Society only, who is subordinate to
    the Secretary of the Federal Society, who could have
    been entrusted to exercise the powers of the Registrar
    under Section 159, by virtue of the Notification dated
    07.10.2002 of the State Government.

    9. The submission is that the respondent no.1 herein who
    has been entrusted with the powers of the Recovery
    Officer, is an employee of the respondent Bank and not
    an officer subordinate to the Secretary of the Federal
    Society. Further, an officer of the respondent Bank itself
    could not have been entrusted with the power to make
    recovery, inasmuch as, there would be an element of
    bias in making recovery by the said officer who is an
    employee of the respondent Bank who itself is litigating
    with the appellants herein, namely the original
    petitioners.

    10. Besides that, it was argued that the initial liability for
    which the suit was decreed was in total only to an
    amount of Rs.6,71,252/- with interest payable with effect
    from 01.01.2001 and the respondent Bank had attached
    the mortgaged property as early as on 17.11.2003. But,
    the auction sale was conducted only on 09.05.2009,
    which had resulted in accrual of interest @ 21% for a
    period of 6 years when the respondent bank itself did not
    proceed to complete the auction sale for recovery of the
    decreetal amount. This delay on the part of the
    respondent bank resulted in issuance of further

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    proceedings of recovery of the sum due in the year 2009,
    which was Rs.10,18,000/-. The accumulated interest @
    21% on the decretal amount of Rs. 6,71,252/- only had
    resulted into recovery demanding a huge amount of
    more than Rs.1.5 crores. The attachment notices dated
    29.10.2019 with respect to two loan accounts
    whereunder only Rs. 2,00,000/- and Rs. 4,00,000/- were
    borrowed in the years 1999 and 2000, demanded a huge
    sum of Rs. 1,56,42,162.93, for the above reasons.

    11. The submission is that the levy of 21% interest resulted
    into swelling of the decretal amount of only about Rs. 6
    lakhs & odd to a huge sum of more than Rs. 1.5 crores,
    which itself makes the entire recovery as
    unconscionable.

    12. It was, thus, vehemently argued by Mr. Sanjanwala, the
    learned Senior counsel for the appellants that for the
    fault of the respondent bank in not making recoveries of
    the awarded amount well in time by auction sale of the
    mortgaged property which was already attached in the
    year 2003 itself, the liability of such a huge amount has
    been fastened upon the petitioners/appellants herein for
    no fault of theirs. It was argued that the respondent
    bank cannot recover any amount beyond the amount of
    Rs.15,30,000/- recovered by it by way of auction sale
    dated 09.05.2009 of the mortgaged property, held to set-
    off the entire outstanding loan.

    13. The decree under the award dated 13.06.2003 is held to

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    be satisfied with the recovery of the due amount from
    the auction sale of the mortgaged property in the year
    2009 itself. All the subsequent attachment notices for
    recovery of the alleged due amount of Rs.10,00,000/-
    and odd as on 09.05.2009, are liable to be quashed
    having been issued in a malafide exercise of power.

    14. To substantiate the submissions of the petitioners before
    the writ court about the delay in execution of the
    decree/award, reliance was placed upon the decisions in
    Marulasiddappa v. Lakshmipathi, 1950 [SCC
    OnLine Kar 13] (a Full Bench decision of the then
    Mysore High Court).

    15. Placing the judgement of the Apex Court in Pentapati
    China Venkanna v. Pentapati Bangararaju
    [1964
    SCC OnLine SC 250], it was further argued before us
    that the attachment notices in the year 2019 was issued
    in relation to three properties, viz. Survey Nos. 363, 364
    and 344. Two persons out of whom against the said
    recovery notices were issued had already died on
    29.01.2006 and 23.03.2014. A fresh notice, subject
    matter of challenge herein is dated 18.01.2022 issued in
    relation to the fourth property, viz. Survey No. 1573,
    which was not included initially in the recovery notices
    of the year 2019. The notice dated 18.01.2022, thus,
    would be barred by limitation, as it would be a new
    attachment notice having been issued for the first time,
    seeking to attach a property, which is substantially
    different from the three properties, which are yet to be

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    realised. In other words, it was argued that the notice
    dated 18.01.2022 is to be rendered invalid being barred
    by limitation, inasmuch as, the recovery initiated
    thereunder against the new property would have to be
    treated as a fresh application within the meaning of
    Section 48 of the Code of Civil Procedure. Reliance is
    placed on paragraph ‘9’ of the decision in Pentapati
    China Venkanna
    (supra) to substantiate the same.

    16. Mr. Sanjanwala, learned Senior advocate in his extensive
    arguments spread over many days, while challenging the
    order of the writ court, in the crux, raises five issues.
    The submissions were that the order of the writ court
    cannot be sustained, inasmuch as, the recovery initiated
    against the petitioners vide both the notices of the year
    2019 and 2022 suffer from the errors of law and fact on
    the following five issues :-

    (i) The delegation of power of the recovery officer to
    an employee of the respondent Bank by the
    Secretary of the Federal Society, is illegal;

    (ii) No recovery certificate had been issued by the
    Registrar in exercise of the power under Section
    159
    of the Act, 1961 and, as such, the recovery
    notices are liable to be quashed;

    (iii) The recovery notices dated 29.10.2019 and
    18.01.2022 are barred by limitation for the
    recovery having been initiated after a period of

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    more than 12 years as per Article 182 of the
    Limitation Act;

    (iv) The award fails, inasmuch as, 21% interest levied
    in the loan agreement is unconscionable;

    (v) There is an apparent bias in view of the
    appointment of an officer of the respondent Bank
    as a recovery officer, inasmuch as, no one can be a
    judge of its own cause.

    17. Considering the submissions on the above noted issues
    during the course of arguments itself, a query was posed
    to the learned Senior counsel appearing for the
    appellant that the issue nos.(ii), (iv) and (v) having not
    been been raised before the writ court in the original
    writ petitions, cannot be appreciated at the stage of
    appeal. There is no foundation in the writ petition about
    the challenge to the delegation of power under Section
    162(b) to the Secretary of the Federal Society by the
    notification of the State Government and further, that
    the interest of 21% being part of the contract, cannot be
    said to be unconscionable, inasmuch as, this Court
    cannot go beyond the decree.

    18. As regards the issue of bias, no allegations of bias can be
    borne out from the record nor the said issue has been
    raised before the writ court. The personal bias of the
    recovery officer as agitated during the course of
    argument in this appeal, by the learned Senior counsel

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    for the appellant cannot be appreciated for two reasons,
    inasmuch as, the recovery has not even been proceeded
    as on date, because of the challenge raised to the
    recovery notices of 2019 and 2022 and further that the
    recovery officer had not been impleaded by name before
    the writ court nor there is any allegation against him in
    the writ petition.

    19. As regards the perceived allegations of bias made for the
    first time in the present appeal, only because of the fact
    of the Recovery Officer being the officer of the
    respondent Bank, we do not find any good ground to
    appreciate the arguments of the learned Senior
    advocate.

    20. Before proceeding to analyse the arguments of the
    learned Senior counsel for the appellants, we may note
    at this juncture, that the issue nos.(ii), (iv) and (v)
    agitated before us, as noted hereinabove, are required to
    be rejected at the threshold, as we do not find any
    answer to our queries posed to the learned Advocate.

    21. We further proceed to consider only two grounds of
    challenge to the recovery notices, upturned by the writ
    court, viz. issue nos. (i) and (iii) on the plea of sub-
    delegation and the recovery notices being beyond
    limitation. We, therefore, do not find any good reason to
    burden this judgment with the arguments of the learned
    Senior counsel made extensively on the issue nos.(ii), (iv)
    and (v), not raised before the writ court and rejected by

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    us, at the threshold even during the course of arguments
    made by him.

    22. Proceeding further, we may record the submissions of
    Mr. Saurabh Soparkar, learned Senior advocate, in
    rebuttal to the arguments made on the question of
    delegation of power by the Secretary of the Federal
    Society and limitation. The learned Senior advocate for
    the respondent Bank would submit that Section 95 of the
    Act, 1961 contemplates constitution of Cooperative
    federal societies for the supervision of a society or a
    class of societies. A Federal society, thus, is an
    independent society constituted to monitor or supervise
    the working of its Member society. Sub-section (1) of
    Section 95 provides that the State Government may
    recognise one or more cooperative federal societies in
    such manner “as may be prescribed” and subject to such
    conditions as the State Government may impose for the
    supervision of a society or a class of societies.

    23. Section 161 of the Act, 1961 empowers the State
    Government, by general or special order, to be published
    in the official gazette, to exempt any society or class of
    societies from any provisions of the Act or to direct that
    such provisions shall apply to such society or class of
    societies with such modification not affecting the
    substance thereof as may be specified in the order.

    24. Attention of the Court is invited to page ‘186’ of the
    paper book to submit that vide notification dated

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    07.10.2002, in exercise of the powers conferred by
    Section 161 of the Act, 1961, the State Government has
    applied the provisions of sub-section (1) of Section 95 to
    the societies specified in the schedule annexed thereto,
    by substituting the words “in such manner as may be
    prescribed” appearing in sub-section (1) of Section 95
    with the words “by notification in the Official Gazette”.
    Resultantly, the Gujarat State Urban Co-operative Bank
    Federation Limited has been conferred the status of a
    Cooperative Federal Society having powers for
    supervision of its Member societies.

    25. With another notification of the same date, i.e.
    07.10.2002, in exercise of the powers conferred by
    Section 162 (b), the State Government delegated the
    powers of the Registrar under Section 159 of the Act,
    1961 to the Secretary, Federal Society, viz. the Gujarat
    State Urban Co-operative Bank Federation Limited,
    mentioned in Column 3 of the Schedule, being a society
    registered under the Act, 1961 and recognised under
    sub-section (1) of Section 95 of the Act, by notification
    dated 07.10.2002, for supervision of its members.

    26. By placing the said notification dated 07.10.2002, issued
    by the Agriculture and Cooperation Department,
    Government of Gujarat, in exercise of powers under
    Section 162 (b) of the Act, 1961, it was submitted by the
    learned Senior counsel for the respondent Bank that the
    officer mentioned in Column 2 of the Schedule to the
    said notification is the officer through whom the

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    Cooperative Federal Society is supposed to work. The
    Secretary of the Gujarat State Urban Co-operative Bank
    Federation Limited has, thus, been mentioned in Column
    2 as the officer of the Cooperative Federal Society, viz.
    the Gujarat State Urban Co-operative Bank Federation
    Limited.

    27. It is, thus, submitted that the delegation of power to the
    Secretary, Federal Society, viz. the Gujarat State Urban
    Co-operative Bank Federation Limited by the notification
    dated 07.10.2002 being in line with the statutory
    provision, cannot be disputed and moreover, there has
    been no challenge to the validity of the said notification
    before the writ court. The submission, thus, is that the
    appellants herein cannot assail the conferment of the
    power of the Registrar upon the Secretary, Federal
    Society by virtue of the notification of the State
    Government published in the year 2002. The contention
    of the appellants that the recovery proceedings could
    have been initiated only by the Registrar in view of
    Section 159 of the Act, 1961 is, therefore, liable to be
    rejected.

    28. As regards the arguments about further delegation or
    sub-delegation of the powers to make recoveries by the
    Secretary, Federal Society, it is submitted that in light of
    the scheme of Section 159 of the Cooperative Societies
    Act, 1961, it would be only a question of empowerment
    of an officer to act on behalf of the Secretary, Federal
    Society who is the officer to act on behalf of the Federal

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    Society, viz. the Gujarat State Urban Co-operative Bank
    Federation Limited conferred with the powers of the
    Registrar under Section 159 of the Act, 1961.

    29. No exception, as such, can be taken to the order dated
    10.08.2021 passed by the Secretary, Gujarat State
    Urban Co-operative Bank Federation Limited
    designating the officer of the respondent Bank as
    “recovery officer” in the matter of recoveries under the
    Act, 1961.

    30. It was further argued that, even otherwise, there was no
    challenge to the order dated 10.08.2021 of the
    nomination of the “recovery officer” of the respondent
    Bank, passed by the Secretary, Federal Society.

    31. The attention of the Court is further invited to Rules
    2(iv) and (v) of the Gujarat Cooperative Societies Rules,
    1965, which read as under :-

    “(iv) “Recovery Officer” means a person
    subordinate to Registrar who is empowered to
    exercise the powers of the Registrar under section
    159;

    (v) “Sale Officer” means an Officer empowered by
    the Registrar by a general or special order to
    attach and sell the property of defaulter or to
    execute any decree by attachment and sale under
    section 159 or a person effecting a sale in
    pursuance of the provisions of section 134, as the
    case may be;”

    32. By reading of the said clauses of Rules, 1965, it is

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    submitted that the “Recovery Officer” or the “Sale
    Officer” within the meaning of the said Rules, 1965 are
    the officers subordinate to the Registrar empowered by
    the Registrar to exercise the powers of the Registrar
    under Section 159 of the Act, 1961 for the purposes of
    recovery of any amount due under the award of the
    Board of Nominee by the attachment and sale under
    Section 159 of the Act, 1961. The “Recovery Officer” or
    the “Sale Officer”, as defined under Rule 2(iv) or (v), as
    the case may be, empowered by the Registrar shall act
    on behalf of the Registrar to exercise the power of the
    Registrar conferred under Section 159 of the Act, 1961.
    The “Registrar” has been substituted by the officer of
    the Federal Society, i.e. Secretary, Gujarat State Urban
    Co-operative Bank Federation Limited by virtue of the
    notification dated 07.10.2002 and, as such, the word
    “Registrar” occurring in Rule 2(iv) and (v) of the Rules,
    1965 is to be substituted and replaced by the word
    “Secretary, Cooperative Federal Society”.

    33. The Secretary, Cooperative Federal Society, viz. Gujarat
    State Urban Co-operative Bank Federation Limited, thus,
    has empowered the officers of the respondent Bank to
    act as “Recovery Officer” and “Sale Officer” within the
    meaning of Rule 2(iv) and (v) of the Rules, 1965, by
    virtue of his power conferred under Section 159 of the
    Act, 1961. It is not a case of sub-delegation of powers by
    the delegatee, rather delegatee acting in exercise of its
    power conferred under the Act by way of delegation. It

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    was urged that all arguments of the learned Senior
    counsel for the appellant, to the contrary are, therefore,
    liable to be turned down.

    34. On the issue of limitation, it was argued by the learned
    Senior counsel for the respondent bank that the same is
    not entertainable for the simple reason that the original
    petitioners herein have been litigating with the
    respondent Bank through out the passing of the award
    dated 13.06.2003 by the Board of Nominees in Lavad
    Case Nos. 53 and 54 of 2001. After challenge to the
    said award was turned down with the dismissal of the
    statutory appeals on 31.08.2004, the attachment
    proceedings were initiated by the respondent Bank and
    the mortgaged property was put up for sale for recovery
    of the due amount. However, the entire due amount
    could not be recovered in the auction sale held on
    09.05.2009 and, as such, attachment notices were issued
    on 17.09.2012 whereafter the matter went back and
    forth on various challenges brought by the original
    borrowers and their legal heirs, namely the petitioners
    herein.

    35. The attachment notices dated 29.10.2019 were issued
    after the decision of this Court in Special Civil
    Application Nos. 493 of 2017 and 503 of 2017, which
    were disposed of by the order dated 19.07.2019 in view
    of the statement made on behalf of the respondent Bank
    that the composite notices dated 02.01.2017 shall be
    withdrawn and fresh separate notices for realisation of

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    the amount in respect of respective decrees would be
    issued, while keeping it open for the petitioners to raise
    the issues, in the legal proceedings on issuance of the
    fresh notices, if any.

    36. The contention, thus, is that there is no question to
    attract the provisions of Article 182 of the Limitation Act
    when the recovery proceedings were initiated
    immediately after the award of the Board of Nominees
    had attained finality with the dismissal of appeals in the
    year 2004, and further continued with the attachment
    notices dated 17.09.2012, whereafter the parties are
    litigating throughout.

    37. The submission is that the present appeal being the fifth
    round of litigation to challenge the recovery notices
    issued by the respondent Bank for recovery of the due
    amount, the first being Special Civil Application Nos.
    14847 of 2012 and 14947 of 2012, which were filed
    against the attachment notices dated 17.09.2012, the
    submission with regard to the impugned recovery
    notices being time barred are liable to be rejected at the
    threshold.

    38. The submission is that by litigating with the respondent
    Bank, the original borrowers and now the petitioners
    who are the heirs and legal representatives of the
    original borrower have succeeded in avoiding their
    liability and they cannot deny the interest liability
    agreed upon by the original borrower in the loan

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    agreement. The respondent Bank cannot be faulted in
    making calculation of its outstanding loan amounts
    which was to the tune of total Rs. 10,18,000/- calculated
    after the auction sale was held on 09.05.2009, after
    setting off the amount fetched in the sale.

    39. Reliance is further placed on the decision of the Apex
    Court in Manguben Ratilal Thakkar v. State of
    Gujarat
    [2014 SCC OnLine Guj 4045] by the learned
    Senior counsel for the respondent bank to submit that
    the question as to the validity of the provisions of
    Sections 95, 161 and 162 of the Gujarat Cooperative
    Societies Act, 1961 and the notification dated
    07.10.2002 issued thereunder have been upheld by the
    Division Bench of this Court in the said decision and the
    dispute with regard to the delegation, raised herein,
    cannot be appreciated.

    40. In rejoinder, Mr. Sanjanwala, the learned Senior counsel
    for the appellants made an effort to distinguish the
    arguments made by the learned Senior counsel for the
    respondent bank, based on the decision in Manguben
    Ratilal Thakkar
    (supra) by placing paragraph ’34’
    thereof.

    41. Having heard the learned counsels for the parties and
    perused the record, the undisputed facts of the matter
    culled out from the record of the writ petitions and the
    instant appeals are as under :-

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    (i) That the ancestors of the petitioners were the
    borrowers of the loan granted by the respondent
    no.2 Bank in the year 1999-2000. The borrowers
    defaulted in payment of installment and hence,
    Lavad Suits filed by the respondent Bank
    culminated into the awards dated 13.06.2003,
    which had attained finality with the dismissal of the
    appeals under Section 102 of the Act, 1961 by the
    Cooperative Tribunal on 31.08.2004.

    (ii) The respondent Bank had attached the mortgaged
    property after the awards were passed and put
    them to sale, however, the entire outstanding loan
    amount could not be realised by the auction sale
    amount, so there was set off of the loan accounts.

    (iii) Against the outstanding amount, first attachment
    notices dated 17.09.2012 were issued by the
    respondent Bank, which had led to the filing of the
    writ petitions before this Court by the partnership
    firm (borrower) seeking for settlement of the
    outstanding amount under One Time Settlement
    Scheme of the State. Initially, an interim order was
    passed therein staying recovery, but later on the
    writ petitions were dismissed rejecting the prayer
    for One Time Settlement and pursue the revision
    applications pending before the competent
    authority. Pertinent is to note that there is no
    whisper in the said writ petitions about the alleged
    delay in the auction sale or the sale amount set off

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    by the bank leading to calculation of the
    outstanding amount against two loan accounts.

    (iv) In revision, though the attachment notices dated
    17.09.2012 were quashed on technicality, but
    liberty was kept open for the Bank to initiate fresh
    recovery proceedings, which had led to filing of the
    Letters Patent Appeals before this Court by the
    borrowers/petitioners. The said litigation was also
    brought to an end with the judgment and order
    dated 29.09.2016 leaving it open for the petitioners
    to raise objections regarding penal interest before
    the appropriate authority as and when fresh
    recovery proceedings were initiated.

    (v) Upon issuance of the fresh attachment notice dated
    02.01.2017, in the third round of litigation before
    this Court brought by the borrowers/petitioners
    herein, initially an interim order was passed
    restraining the respondent bank from proceeding
    with the attachment notices. However, the matter
    was decided finally on the statement of the Bank
    that the common attachment notice dated
    02.01.2017 being composite notice for recovery
    against two decrees be withdrawn and fresh
    notices for realisation of the amount with the
    respective decrees shall be issued.

    (vi) The said writ petitions were, thus, disposed of
    granting liberty to the Bank to proceed in

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    accordance with law and leaving it open for the
    petitioners to raise all contentions upon issuance of
    fresh notices.

    (vii) The attachment notices dated 29.10.2019, subject
    matter of challenge before us in this bunch, were
    consequently issued.

    (viii)During the pendency of the writ petitions
    challenging the notice dated 29.10.2019, another
    attachment notice dated 18.01.2022 has been
    issued seeking to attach one more property of the
    petitioners for realisation of the loan amount with
    the changed circumstances.

    42. In view of the above noted sequence of events, when we
    consider the arguments of the learned Senior counsel for
    the appellants on the issue of limitation, we do not find
    any error in the opinion drawn by the learned Single
    Judge that the period from 2012-2017 has to be excluded
    in view of the pending litigations and the prohibitory
    orders passed by this Court against the Bank in three
    rounds of challenge brought to the recovery
    proceedings. The recovery proceedings were initiated
    with the issuance of the first attachment notices on
    17.09.2012 and cannot be said to have been finally
    disposed of and, as such, the subsequent recovery
    notices have to be treated as continuance of the former
    one. In other words, the latter attachment notices would
    be deemed to be ones for revival of the former ones. It

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    would be considered that the execution of the
    decree/award dated 13.06.2003 had commenced in the
    year 2012 and continued with the revivals by the
    subsequent attachment notices in view of the liberty
    granted by this Court in the actions brought by the
    borrowers/petitioners herein.

    43. We do not find any error in the said conclusion drawn by
    the writ court that the subsequent execution orders or
    the attachment notice of the year 2019, which have been
    initiated after variety of litigations and prohibitory
    orders and subsequent directions to pass fresh
    attachment orders, cannot be said to be beyond the
    period of limitation.

    44. As regard the issues pertaining to the validity of the
    attachment notice for the recoveries initiated against the
    heirs and legal representatives of the original borrowers,
    insofar as the issue as to whether the property was a
    self-acquired property or part of any estate or borrowed
    from the original borrowers, suffice it to say that the writ
    court has carefully observed that the said issue can very
    well be demonstrated before the appropriate authority
    and that such exercise has to be conducted only before
    the appropriate authority. The legality of attachment
    notices dated 29.10.2019 and 18.01.2022 on the plea of
    the said notices having been issued for attachment of the
    self-acquired properties of the heirs of the original
    borrowers, rightly have not been looked into in the writ
    proceedings being factual in nature. Suffice it to say

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    that the said issue cannot be raised to assail the
    limitation in execution of the awards dated 13.06.2003,
    inasmuch as, the same would be pertaining to the merits
    of the attachment notices, which is not to be examined
    by us.

    45. This view taken by the Writ court further finds support
    from the decision of the Apex Court in Pentapati China
    Venkanna
    (supra), wherein the Apex Court noticing
    the provisions of Order 21 Rule 17 (1) of the Code,
    considering the facts of the said case, has recorded that
    as there is no provision in the Code of Civil Procedure
    for making orders for closure of the execution
    proceedings and any phraseology used by the executing
    court such as “closed for statistical purposes”, “struck
    off”, “recorded” would not amount to finally terminate
    the execution proceedings. In the said case, the first
    execution application was “closed for statistical
    purposes” and on a fresh execution application, an
    argument was raised that there being no power
    conferred upon the Court to close the execution
    proceedings for statistical purposes, in the event of such
    order being made, it must be deemed to be an order
    dismissing the execution application. The question
    therein was as to whether the subsequent execution
    application shall be considered to be a fresh application
    within the meaning of Section 48 of the Code of Civil
    Procedure’ 1908.

    46. Noticing the above, the Apex Court has held therein that

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    whether the order was without jurisdiction or whether it
    was valid, the legal position would be the same, i.e. in
    one case, it would be ignored and in the other, it would
    mean what it is stated. In either case, the execution
    application would be pending on the file of the Court.
    Whatever terminology would be used, it is for the Court
    to ascertain having regard to the circumstances under
    which the said order was made, whether the Court
    intended to finally terminate the execution proceeding.
    In the said case, it was held that the previous execution
    petition was pending on the file of the executing court
    and that the subsequent one was only an application to
    continue the same.

    47. The further contention of the learned advocate therein
    was that the subsequent execution petition being against
    the legal representatives of some of the
    defendants/judgement debtors; and that the decree
    holder did not seek to proceed against all the properties
    against which they sought to proceed in the former
    execution petition; and for additional reliefs prayed in
    for attachment of the amount deposited in the Court,
    subsequent application should be treated as completely
    new one, being completely different from the former
    one, both in form and in particulars. Answering the
    same, it was held therein that nothing turns upon it,
    inasmuch as, the new parties added in the subsequent
    execution petition were either legal representatives of
    the deceased parties or the representative of a party

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    who had become insolvent. Further, the decree holder
    cannot be compelled to proceed against all the
    properties against which at one time they sought to
    proceed. It was, thus, concluded that in substance, in
    both the execution petitions (the previous & the
    subsequent), the decree holders sought to proceed
    against the same parties and against the same
    properties and hence, the subsequent execution petition
    cannot be treated as fresh application within the
    meaning of Section 48 of the Code of Civil Procedure.

    48. Applying the said legal principles, we do not find any
    error in the judgement impugned. However, a new
    argument has been made before us by the learned
    Senior counsel for the appellants about the attachment
    notices dated 18.01.2022, being barred by limitation,
    having been issued for attachment of a new property,
    which is substantially different from three properties,
    subject matter of attachment in the notices dated
    29.10.2019.

    49. On this argument as well, we do not find any reason to
    delve deep, inasmuch as, the said attachment notices
    dated 18.01.2022 are also to be treated as continuance
    of the previous attachment notices dated 29.10.2019 and
    cannot be quashed on the plea of being barred by
    limitation.

    50. Having said that, we are also required to note that the
    petitioners herein had prolonged the recovery of the

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    outstanding loan for a substantial period raising various
    grounds challenging the attachment notices issued from
    time to time, in order to avoid the recovery of the
    outstanding amount, which has caused accumulation of
    interest @ 21%, resulting into the outstanding loan
    amount being swollen from the original amount due
    under the attachment notices dated 17.09.2012,
    substantially under the attachment notices issued in the
    year 2019, subject matter of challenge in the writ
    proceedings.

    51. The question is whether the decree would be satisfied by
    the attachment and sale of properties, subject matter of
    attachment notices dated 29.10.2019. Moreover, as per
    the own case of the petitioners, two of the original
    noticees had passed away in the years 2006 and 2014.
    The question again would be as to whether the Bank
    would be entitled to proceed against the properties,
    subject matter of two notices dated 29.10.2019 and
    18.01.2022 being part of any estate or borrowed from
    the original borrower or the said notices are in respect
    of any self-acquired property of the legal heirs, which
    have been left to be agitated before the appropriate
    authority, by the writ court.

    52. The Judgment impugned categorically records that the
    scope of the attachment has to be looked from the angle
    of any asset being transferred by the original judgment
    debtor, insofar as the issue that the attachment notices
    were issued after demise of the original judgement

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    debtor.

    53. We, therefore, reach at an irresistible conclusion that
    the validity of the attachment notices dated 18.01.2022
    allegedly seeking to include a new property for
    execution of the award dated 15.06.2003 need not be
    examined by us on merits. As has been held that both
    the attachment notices dated 29.10.2019 and 18.01.2022
    shall be treated as continuance of the first attachment
    notice dated 17.09.2012, we do not find substance in the
    submission of the learned senior counsel for the
    appellants based on the observation made in paragraph
    ‘9’ of the Apex Court in Pentapati China Venkanna
    (supra) that merely because a new property is sought to
    be attached, which was not included in the previous
    attachment notices, the attachment notices dated
    18.01.2022 are to be held to be fresh execution petitions
    within the meaning of Section 48 of the Code of Civil
    Procedure. The said issue was open only after previous
    notices were finally disposed of and the new one can be
    be held to be barred by limitation having been issued
    after 12 years from the date of the decree/award. In the
    present case, the circumstances speak otherwise.

    54. All arguments made by the learned Senior counsel for
    the appellants to challenge the attachment notices dated
    29.10.2019 and 18.01.2022 being barred by limitation in
    view of Section 48 of the Code of Civil Procedure read
    with Article 182 of the Limitation Act, are, therefore,
    turned down being devoid of any force.

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    55. Coming to the second issue of sub-delegation by the
    Secretary, Cooperative Federal Society vide order dated
    10.08.2021 by empowering an officer of the respondent
    Bank as “Recovery Officer” in the matter of recoveries
    under the Act, 1961, suffice it to say that having gone
    through the scheme of the Act, 1961 as well as the
    Rules, 1965 framed thereunder, it is evident that the
    Secretary, Cooperative Federation Society, viz. the
    Gujarat State Urban Co-operative Bank Federation
    Limited, stepped into the shoes of the Registrar for the
    purposes of exercise of the powers under Section 159 of
    the Act, 1961 for initiating recovery proceedings.

    56. Further, with the conferment of the powers upon the
    Secretary, Federal Society to act as the Registrar under
    Section 159 of the Act, 1961, it was well within his
    power to empower any officer subordinate to him to act
    on his behalf to exercise the powers under Section 159
    as a “Recovery Officer” within the meaning of Rule 2(iv)
    and any other officer as “Sale Officer” to attach and sell
    the property of a defaulter or to execute any decree by
    attachment and sale under Section 159 of the Act, 1961.
    There is no challenge to the order dated 10.08.2021
    passed by the Secretary, Federal Society to empower the
    officer of the respondent Bank to act as the “recovery
    officer” as aforesaid.

    57. The only issue raised is as to whether the officer or
    employee of the respondent Bank, who has been
    empowered by the Secretary, Gujarat State Urban Co-

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    operative Bank Federation Limited by the order dated
    10.08.2021 to act as “Recovery officer” or “Sale Officer”

    under Rule 2(iv) and (v) of the Rules, 1965, can be said
    to be an officer subordinate to the Secretary, Federal
    Society or not.

    58. On this issue, we do not need to delve deep, inasmuch
    as, the Federal Society is an Apex body constituted or
    recognised under Section 95(1) of the Act, 1961 to
    supervise society or class of societies. The “federal
    society” is defined in Section 2(9) as under :-

    “federal society” means society, not less than ten
    members of which are themselves societies;”

    59. The class of societies which are brought under the
    provisions of a federal society, by virtue of Section 95(1),
    thus, are the members of the federal society.

    60. The “Officer” of a society defined in Section 2(14) of the
    Act, 1961 include a Secretary of a Society appointed
    under the Act, the Rules or the by-laws in regard to the
    business of such society. The Federal Society acting
    through its Secretary having supervision and control
    over its Member societies, the officers or employees of a
    member society appointed under the Act, Rules or by-
    laws shall have to be considered as officers or employees
    subordinate to the Secretary, Federal Society who is
    conferred with the power to give directions in regard to
    the business of such society under its supervisory
    control.

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    61. The “recovery officer” nominated by the Secretary,
    Federal Society, in the instant case, cannot be said to be
    an officer not being subordinate to the Secretary,
    Federal Society, who could not have been empowered to
    exercise the powers of recovery within the scheme of
    Section 159 of the Act, 1961, acting on behalf of the
    Secretary, Federal Society, upon whom the powers
    under the said section has been conferred with the
    notification dated 07.10.2002 by the State Government
    under Section 162(b) of the Act, 1961.

    62. At the cost of repetition, it is noted here that since there
    is no challenge to the order dated 10.08.2021 passed by
    the Secretary, Gujarat State Urban Co-operative Bank
    Federation Limited designating the officer of the
    respondent Bank as “Recovery Officer” in the matter of
    recoveries under the Act, 1961, inasmuch as, no relief
    has been sought in the present set of writ petitions, the
    submissions raised with regard to power of the
    Secretary to designate the officer of the bank as
    “recovery officer’ cannot be sustained.

    63. As noted, hereinbefore, the challenge in the present set
    of writ petitions are only to the attachment notices dated
    29.10.2019 and 18.01.2022 on the grounds of being
    beyond limitation and the “Recovery Officer” being
    incompetent to issue such notices. Both the issues
    having been answered in view of the discussion made
    above, we do not find any good ground to attach any
    error to the judgment and order dated 10.07.2025

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    passed by the Writ Court.

    64. The present set of intra court appeals are accordingly,
    dismissed being devoid of merits. No order as to costs.
    Pending Civil Applications would not survive and shall
    stand disposed of, accordingly.

    (SUNITA AGARWAL, CJ )

    (D.N.RAY,J)

    FURTHER ORDER

    After pronouncement of the judgment, Ms.Sangeeta
    Pahwa, the learned advocate appearing for the Thakkar and
    Pahwa Advocates for the appellants would make a request to
    stay the operation of this judgment, which is denied noticing
    that the recovery proceedings had been stalled for a
    sufficiently long time because of the repeated litigations
    initiated by the appellants.

    (SUNITA AGARWAL, CJ )

    (D.N.RAY,J)
    BIJOY B. PILLAI

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