Recovery certificates

raghavendra (Querist) 05 February 2012 This query is : Resolved
sir ,
my friend(teacher ) given surety to his friend for 25000/- from a cooperative society , now main borrower has not repay the amount hence cooperative society issued the recovery certificate through the assistant registrar of cooperative society , now my friend is not liable to pay amount , without issuing the notice to surety assistant registrar ordered recovery certificate under order 37(1) of karnataka cooperative society act 1959 ,

now my friend want to file case against cooperative society and assistant registrar

sir now which is the appropriate court to file appeal and under which provision appeal need to file ?
under which provision court having power to stay the recovery certificate ?

please advice me

thank you

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Advocate. Arunagiri (Expert) 05 February 2012
You can approach the city civil court for injunction and stay.

raghavendra (Querist) 06 February 2012
sir
under section 89D of cooperative society act recovery certificate has issued, can we not filed appeal before Karantaka appelate tribunal to take steps ,
under which provision one can file appela against the order of 89D?

V R SHROFF (Expert) 06 February 2012
Appeal is allowed.

raghavendra (Querist) 06 February 2012
thanks to all

M V Gupta (Expert) 06 February 2012
Pl check the provisions of the Karnataka Coop Societies Act. Any order passed by the Dy Registrar is appealble before the Dt Joint Registrar or Registrar. Civil courts do not have jurisdiction.You have to file the appeal within time prescribed in the Act or the Rules. Otherwise, the recovery certificate becomes final and may be enforced against the Surety and his properties.

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