NDLI: Co-operative Society of Debts Vs. Nandlal.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Co-operative Credit Societies Act 1340
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Co-operative Credit Societies Act, 1340 F. (0 of 1340)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Co-operative Credit Societies Act, 1340 ]!'., (Hyderabad), s. 42 --Award-Remission by Registrar to Civil Court for execution Powers of Registrar-Installment decree - Default - Execution proceedinas for whole amount in Civil Court-Power of Registrar to accept instalment and direct Civil Court to stop proceedings. Section 42 of the Co-operative Credit Societies Act, 1340 F., {Hyderabad) provided as follows: "If an award g:ven by the Registrar or by a person nominated by him, or by a committee of arbitrators is not acted upon, then the Registrar can have it enforced-(a) through a civil court on a certificate issued by him. The civil court will treat the award in the same way as it own decree; b) through a Revenue Court or officer by issuing a certificate to that court or officer." Held, that under the section the Registrar was not in the same position as a court passing the decree under the Civil Procedure Code in the matter of execution of the decree and be does not possess all the powers of an executing court. Where a dispute arose between a member of a society and the society and an arbitrator appointed under the Act passed a decree for payment of a certain sum in six monthly instaln1ents with a condition that if default was made in the payment of any inRtaln1ent the who!e amount will become due, and under the provisions of s. 42 the decree was sent for execution to the Civil Court au a. certificate of Registrar :Held, that after a default bad been made in the payment of the first instalment and the whole decree de.bt had become due and execution had been taken out for recovery of the whole amount, the Registrar had no power to accept the amount of first instalment and direct the executing co1.1rt to stop further proceeding, and the executing court was entitled to ignore the Registrar's order and ta proceed with the execution.
Judge	Honble Mr. Justice Mehr Chand Mahajan
Neutral Citation	1950 INSC 23
Petitioner	Co-Operative Society Of Debts
Respondent	Nandlal.
SCR	[1950] 1 S.C.R. 741
Judgement Date	1950-10-12
Case Number	374

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