Permission under section 106 denied byragistrar under maharashtra statecooperative society act 1960
shrikant
(Querist) 05 September 2014
This query is : Resolved
Civil judje senior divission court passed decree ie
1)Suit of plantiff decreed with cost
2)Defendant no 1&2 jointly and severally pay suit amount
Defendant no 1 is the liquidator of spinning mill
The plantiff seeks permission from permission under section 106 by Ragistrar under maharashtra statecooperative society Act 1960 after passing of
decree which is denied whether we file execution proceeding against liquidator
ROHIT SHARMA
(Expert) 05 September 2014
1. The registrar of co-operative society has no vested powers a civil court to execute a court's decree. This should have been done through civil court.
Dr J C Vashista
(Expert) 06 September 2014
Decree/order passed by Civil Judge (Sr. Div)shall be binding and executable through same court.
RCS cannot prevail, if jurisdiction of civil court is not barred.
