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PETITIONER: [IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE S
Vs.
RESPONDENT: NANDLAL
DATE OF JUDGMENT: 12/10/1950
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND NAIK R.S.
CITATION: 1950 AIR 274 1950 SCR 741
ACT: Co-operative Credit Societies Act, 1340 F., (Hyderabad), s. 42 --Award--Remission by Registrar to Civil Court for execution-Powers of Registrar--Instalment decree--Default--Execution proceedings for whole amount in Civil Court--Power of Registrar to accept instalment and direct Civil Court to stop proceedings.
HEADNOTE: Section 42 of the Co-operative Credit Societies Act, 1340 (Hyderabad) provided as follows: "If an award given by the Registrar or by a person nominated by him, or by a committee of arbitrators is not acted upon, then the Regis- trar 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 its own decree;(b) through a Reve- nue Court or oficer 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 he 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 arbitr...