Bombay High Court
Vithal Yadav Mhase vs Amdar Balasaheb Thorat Nagari Sahakari ... on 3 May, 2001
Equivalent citations: 2002(4)BOMCR408, (2001)4BOMLR180, 2001(3)MHLJ650
Author: R.M.S. Khandeparkar
Bench: R.M.S. Khandeparkar
JUDGMENT R.M.S. Khandeparkar, J.
1. Heard the learned Advocates for the parties. Perused the records.
2. Rule. Rule made returnable forthwith by consent.
3. The petitioner challenges the orders passed by the Civil Judge, Senior Division, Sangamner on 31-1-2001 in the proceedings initiated by the respondents for recovery of loan amount. Undisputedly, the recovery was in pursuance of the certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1960. The said certificates were not issued in terms of the provisions of section 98A of the said Act though it was sought to be contended before the Civil Court that the said certificates were issued in terms of the said provisions of the law. Undisputedly, there was no order either by the Official Assignee under section 21A or by the Registrar under section 88 or by the Co-operative Court under section 95 or 98 or in appeal under section 105 or under section 154 of the said Act so as to classify the said certificates to be the certificates issued in terms of the provisions of section 98 of the said Act. Undisputedly, the said certificates were issued on application by the respondents and in accordance with the provisions contained in section 101 of the said Act. Section 156 of the said Act provides that the Registrar or any officer subordinate to him and empowered by him in this behalf (or an officer of such society as may be notified by the State Government, who is empowered by the Registrar in this behalf) may, subject to such rules as may be made by the State Government, but without prejudice, to any other mode of recovery provided by or under this Act. recover--(a) any amount due under a decree or order of a Civil Court obtained by a society; (b) any amount due under a decision, award or order of the Registrar Co-operative Court or Liquidator or Co-operative Appellate Court; (c) any sum awarded by way of costs under this Act; (d) any sum ordered to be paid under this Act as a contribution to the assets of the society; (e) any amount due under a certificate granted by the Registrar under sub-section (1) or (2) of section 101 or under sub-section (1) of section 137. Apparently, therefore, whenever the certificate is issued by the Registrar under sub-section (1) of section 101 of the said Act, the mode described for recovery of the amount is under section 156 of the said Act and not by taking resort to section 98 of the said Act. Being so, the impugned orders which have been passed taking shelter of the provisions of section 98 of the said Act cannot be sustained in the facts and circumstances of the case and are liable to be quashed and set aside. Needless to say that this shall not prevent the authority from taking appropriate steps and necessary proceedings for recovery of the amount, if due from the petitioners in accordance with the provisions of law applicable to the facts and circumstances of the case.
4. In the result, therefore, the impugned orders are hereby quashed and set aside. Rule is made absolute with no order as to costs.