Case is filed under section 91 of co-op societies act, decree passed under section 96 by co-op court.
For execution of said deree is it necessary to file execution application in District Court or by any other way we can execute the decree.
siddhesh (Legal officer) 08 November 2011
Case is filed under section 91 of co-op societies act, decree passed under section 96 by co-op court.
For execution of said deree is it necessary to file execution application in District Court or by any other way we can execute the decree.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 November 2011
Dear Sidhesh
according to co-op Court you can execute the decree
basically without filling execution petition is not possible but if the JD is ready to settle the matter out of the court then you can
siddhesh (Legal officer) 08 November 2011
Thanks Nadeem,
Actually the matter is filed by the District Co-op Bank against pathsantha in co-op court under sec 91, for recovering cash credit loan amount. the decree is passed in favour of District Co-op Bank and all the defendants are orderd to pay the dues Jointly & Severally.
So in this case for Executing the Decree , whether the District court should file the Execution Application in District court or The District Bank Can Execute the Decree without Filling Execution Application in District Court Or there is any other way to Execute the decree.
If the matter is filed under saction 101 before Bank Association/ sub Registrar, In such case as per my understanding the special recovery officer of bank get authority to recover the due Amount & no need to file Execution Application.