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1950 Supreme(SC) 30

M.C.MAHAJAN, HARJIT SINGH BEDI
Co Operative Society Of Debts – Appellant
Versus
Nandlal – Respondent


Advocates:
Appa Rao, D.P.PAL

Judgment

Mahajan J.-This appeal arises out of execution proceedings of a decree passed by an arbitrator under the Co-operative Credit Societies Act. The appeal was presented to the Judicial Committee of the State and is now before us under Art. 374 (4) of the Constitution.

2. Raja Nandlal was a member of the decree-holder society and was also its debtor. A dispute arose between him and the society and under the rules governing such societies the matter was referred to arbitration. The arbitrator on 19 Meher 1352F. passed a decree against him in the sum of Rs. 8100 payable in equal six monthly installments with six per cent interest, the first instalment being payable at the end of Asur 1353F. On 2nd Dai 1353F, under the provisions of S. 42, cl. (d), Co-operative Societies Act, the decree was sent for execution to the civil Court on a certificate issued under the signature of one Moulvi Mohammed Hasan, Madadgar Nazim. The amount recoverable was stated as Rs. 8100 principal and Rs. 666 9 0 interest. On the same day the decree-holder presented an application for execution of the decree to the civil Court, Balda, claiming recovery of Rs. 10,339-14-9. It was alleged that as default had







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