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Akole Taluka Shikshak Va Shikshakettar ... vs Sayyad Nasir Bashir And Others on 25 June, 2019 cites

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 GGP ::: Uploaded on - 03/07/2019 ::: Downloaded on - 15/07/2019 04:35:03 ::: ..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.
Bombay High Court Cites 9 - Cited by 24 - R M Khandeparkar - Full Document
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