Skip to content


indore Paraspar Sahakari Pedhi Ltd. Vs. B.M. Thorat - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtMadhya Pradesh High Court
Decided On
Case NumberFirst Appeal No. 1 of 1965
Judge
Reported inAIR1958MP199
ActsGawlior State Co-operative Societies Act, 1997 SM; Madhya Bharat Co-operative Societies (Amendment) Act, 1949 - Sections 65 and 60; Gawlior State Co-operative Societies Rules - 46(3); Code of Civil Procedure (CPC) , 1908 - Sections 39
Appellantindore Paraspar Sahakari Pedhi Ltd.
RespondentB.M. Thorat
Appellant AdvocateG.M. Chaphekar, Adv.
Respondent AdvocateS.R. Joshi, Adv.
DispositionAppeal dismissed
Excerpt:
- - 3. in our opinion, the application for execution, of the award made before the civil judge was clearly not maintainable. the gwalior state co-operative societies act, like other states cooperative societies acts, sets up a special tribunal with special jurisdiction and special powers to try matters referred to in section 60. this is not disputed before us and is plain enough on a consideration of the various provisions of the act......the award is transferred to it for execution by the government inspector, co-operative societies.in other words, an award can reach a civil court for execution only through the agency of the government inspector, co-operative societies, and not without him. this does not in any way involve the ouster of jurisdiction of a civil court in the matter of execution of a decree of civil court, as the award is not a decree of a civil court. it is a decision of a special tribunal which can be executed only in accordance with the special procedure prescribed in the act. the learned civil judge was, therefore, right in holding that the application for execution presented by the appellant was not maintainable.5. the result is that this appeal fails and is dismissed with costs.v.r. newaskar, j.6. i.....
Judgment:

P.V. Dixit, J.

1. In this case an. award was made in favour of the Indore Paraspar Sahakari Pedhi, Ltd., Indore, under Section 60 of the Gwalior State Co-operative Societies Act, Samvat 1997, as extended to the entire State of Madhya Bharat by Act No. 45 of 1949. The award was made by the Registrar and was against the respondent before us. An application for the execution of the award was made by the appellant Society in the Court of Additional Civil Judge, First Class, Indore.

The respondent raised the objection that the award not having been transferred to the Civil Court by the Government Inspector, Cooperative Societies, for execution, the Court had no jurisdiction to entertain the application for execution of the award. This objection was accepted. The learned Civil Judge took the view that an award made under Section 60 could be executed only in accordance with Rule 46 of the rules framed under Section 78 of the Act.

According to that rule, an application for execution of the award should have been presented to the Government Inspector, Co-operative Societies, and it was open to the Inspector to execute the award himself, or. if necessary, to transfer it to a competent Civil or revenue Court, or to some other Government Inspector, Co-operative Societies, having jurisdiction to execute the award. He accordingly dismissed the petition. The Indore Paraspar Sahakari Pedhi Ltd., Indore has now appealed to this Court.

2. Mr. Chaphekar, learned Counsel for the appellant, argued that under Rule 46 (3) an award made under Section 60 had the force of a decree and could be executed as if it were a decree of a Civil Court, and, therefore, the Civil Court had jurisdiction to execute the award when there was nothing in the rules framed under the Gwalior State Co-operative Societies Act depriving the Civil Court of its jurisdiction to execute an award made under Section 60, and that Rule 46 only provided an additional remedy for execution of an award and had not the effect of ousting the jurisdiction of a Civil Court to execute an award.

3. In our opinion, the application for execution, of the award made before the Civil Judge was clearly not maintainable. The Gwalior State Co-operative Societies Act, like other States Cooperative Societies Acts, sets up a special tribunal with special jurisdiction and special powers to try matters referred to in Section 60. This is not disputed before us and is plain enough on a consideration of the various provisions of the Act. The execution of an award can, therefore, be only in accordance with the special provision made for that purpose in the Act.

The award is not a decree of a Civil Court; and not being a decree of a Civil Court, it cannot be maintained that the award is proprio vigore executable by a Civil Court in accordance with the judicial procedure prescribed in the Code for the execution of decree by a Civil Court. Now Section 65 of the Act lays down that an award made by the Registrar under Section 60 shall, if not carried out, be executed according to the procedure and rules framed under the Act in respect of liquidation and arbitration proceedings.

Rule 46 prescribes the procedure for realisation of dues. Sub-rule (3) of this rule says inter alia that every award for realisation of dues under Section 60 shall have the force of a decree and shall be executed as if it were a decree of a Civil or a revenue Court. This provision does not make an award under Section 60 a decree of a civil Court. It only means that an award shall be executed as a decree of a civil Court would be executed. It is also not a provision bringing before a civil Court an award made under S. 60 for execution. The provision bringing an award before a civil Court for execution is contained in second part of Sub-rule (S) of Rule 46 which is as fellows:

'Application for the execution of such order or award (according to the form prescribed in Section 243, Civil Procedure Code) shall be presented to the Government Inspector, Co-operative Societies, who shall execute the same by attachment and sale of the property of the debtor as provided for in Clause 4(a) and (b) of this rule, or if necessary shall transfer it to a competent Court (civil or revenue) or to some other Government Inspector Co-operative Societies, having jurisdiction for execution. Such Inspector or Court shall execute it according to Law.'

4. It will be seen that this sub-rule requires an application for the execution of an award to be made before the Government Inspector, Cooperative Societies. He can himself execute the award according to the procedure prescribed in Sub-rules (4) to (8) of Rule 46. If the Inspector does not execute the award himself, he can transfer it to a competent civil or revenue Court for execution. A civil or revenue Court has no jurisdiction to execute an award under Rule 46(3) unless the award is transferred to it for execution by the Government Inspector, Co-operative Societies.

In other words, an award can reach a civil Court for execution only through the agency of the Government Inspector, Co-operative Societies, and not without him. This does not in any way involve the ouster of jurisdiction of a civil Court in the matter of execution of a decree of civil Court, as the award is not a decree of a civil Court. It is a decision of a special tribunal which can be executed only in accordance with the special procedure prescribed in the Act. The learned Civil Judge was, therefore, right in holding that the application for execution presented by the appellant was not maintainable.

5. The result is that this appeal fails and is dismissed with costs.

V.R. Newaskar, J.

6. I agree.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //