Taimur Ali Khan 18 May 2018

Executing an order which had not attained finality ?

Can an order be executed in court which had not attained finality ? An order was passed by Registrar Cooperative Societies, which I assailed in revision before Secretary Cooperatives within limitation time. However there is no stay order of Secratary Cooperatives wrt to Registrar Cooperaties order. Other party has came to Civil Court for executing it. So can order of Registrar be executed which had not attained finality as the same has been challenged within due time ?

Thanks

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 18 May 2018

If the appellate authority has prima fascia not barred execution of the order then you can execute .

Kumar Doab (FIN) 18 May 2018

If the rules provides the court can be approached;

e.g;

MAHARASHTRA CO-OPERATIVE SOCIETIES RULES, 1961

RULE 83: PROCEDURE FOR EXECUTION OF AWARDS

https://www.lawyerservices.in/MAHARASHTRA-CO-OPERATIVE-SOCIETIES-RULES-1961

Kumar Doab (FIN) 18 May 2018

Rest your own very able senior LOCAL counsel of unshakable repute and integrity specializing in society/civil matters and having successful track record ….. and well versed with LOCAL applicable bye laws/rules/Act etc and worth his/her salt …can advise you the best.