Section 77E in The Maharashtra Cooperative Societies Rules, 1961
77E. Procedure for hearing and decision of disputes.
(1)The [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Co-operative Court shall record in English, Marathi or Hindi the evidence of the parties to a dispute and the witnesses who attend. Upon the evidence so recorded and upon consideration of any documentary evidence produced by the parties, a decision-shall be given, by [*] [Deleted 'him or' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] it in writing. Such decision shall be pronounced in open Court, either at once or as soon as may be practicable on some future day, of which due notice shall be given to the parties.(2)Where neither party appears when the dispute is called on for hearing, the [***] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Co-operative Court may make an order that it be dismissed for default.(3)Where the opponent appears and the disputant does not appear when the dispute is called on for hearing, the [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court may make an order that the dispute be dismissed, unless the opponent admits the claim or a part thereof, in which case the [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court, as the case may be, may make an order against the opponent upon such admission and where, part only of the claims is admitted, may dismiss the dispute so far as it relates to the remainder.(4)Where the disputant appears and the opponent does not appear when the dispute is called on for hearing, then, if the Registrar or the Court is satisfied from the record and proceedings that the summons was duly served, the [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court may proceed ex-parte. Where the summons is served by the officer of the [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court, he shall make his report of service on oath.(5)The [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court may not ordinarily grant more than two adjournments to each party to the dispute at its request. The [*] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court may, however, at his or its discretion grant such further adjournments on payment of such costs to the other side and such fees to the [***] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court as the Registrar or the Court, as the case may be, may direct.(6)Any party to a dispute may apply for and obtain a certified copy of any order, judgement or award made by the [***] [Deleted 'Registrar or the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Court on payment of copying fees at the rate of [upto A4 size paper per page Rs.2, larger than A4 size paper per page Rs.3] [Substituted '50 paise per 100 words' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] in such order, judgement or award, whether in English, Marathi or Hindi.
