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Abdul Quadir Vs. Shahbazpur Cooperative Bank - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1915)ILR42Cal377
AppellantAbdul Quadir
RespondentShahbazpur Cooperative Bank
Excerpt:
co-operative society - charge--priority--co-operative societies act (ii of 1912) sections 19, 20--attachment--civil procedure code (act v of 1908) section 73. - .....the decree-holder in an application under section 73 of the code of civil procedure made by a co-operative society for enforcing a charge under section 19 of act ii of 1912. the application was undoubtedly made under section 73, and under that section we are of opinion that the co-operative society could have no priority to other creditors, unless there are one or more persons than one who have made applications to the court for the execution of decrees for payment of money passed against the same judgment-debtors. to hold otherwise would be to give these co-operative societies a power which even government in its much discussed certificate procedure does not claim. they would chum in other words to recover money without either decree or certificate or any legal title to enforce their.....
Judgment:

Holmwood and Chapman, JJ.

1. This is a Rule which was obtained by the decree-holder in an application under Section 73 of the Code of Civil Procedure made by a Co-operative Society for enforcing a charge under Section 19 of Act II of 1912. The application was undoubtedly made under Section 73, and under that Section we are of opinion that the Co-operative Society could have no priority to other creditors, unless there are one or more persons than one who have made applications to the Court for the execution of decrees for payment of money passed against the same judgment-debtors. To hold otherwise would be to give these Co-operative Societies a power which even Government in its much discussed certificate procedure does not claim. They would chum in other words to recover money without either decree or certificate or any legal title to enforce their debt. Admittedly, there is no charge, in this case within the meaning of Section 20 of the Co-operative Societies Act, so that the proviso to Section 73 does not come in. It is possible that under Section 19, the Society might have raised an objection to the attachment by reason of other Sections, of the Code of Civil Procedure; hut with that we are not concerned. It appears to us perfectly clear that under Section 73 the claim of a Co-operative Society cannot be enforced unless they have a decree or a charge under Section 20.

2. The Rule, therefore, must be made absolute and the order of the lower Court set aside without prejudice to any action which the Society may seem fit to take, if so advised.

3. The petitioner is entitled to his costs in this Rule.


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