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1 - 10 of 17 (0.20 seconds)Section 98 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 101 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 156 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 91 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 95 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 163 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 105 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Vithal Yadav Mhase vs Amdar Balasaheb Thorat Nagari Sahakari ... on 3 May, 2001
12. From the discussion made by the learned Civil Judge in
the impugned order, it is quite evident that, the learned Judge could
not distinguish between the execution of the Award passed under
Section 96 of the Act and the recovery certificate issued under
Section 101 of the Act. As has been observed by this Court in Vithal
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..29.. W.P. No.10016 OF 2016
Yadav Mhase Vs. Amdar Balasaheb Thorat Nagari Sahakari Path
Sanstha Maryadit, 2001 (3) Mh.L.J. 650, where recovery
certificate is issued by Registrar under Section 101 (1) of the
Maharashtra Co-operative Societies Act, 1960, the mode prescribed
for recovery of the amount is under Section 156 of the said Act and
recourse cannot be taken to Section 98 of the said Act, whereas as
held by this Court in the case of Onkar Rajaram Wathodkar (cited
supra), it is open for the party in whose favour the Award has been
passed under Section 96 of the Act to select a particular forum of
execution and if the party wants to get the said Award executed like
a decree of the Civil Court, the Civil Court of local jurisdiction
cannot refuse to execute the said Award.