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1972 Supreme(SC) 505

H.R.KHANNA, K.S.HEGDE
Shamrao Vithal Co Operative Bank – Appellant
Versus
Kasargod Pandhuranga Mallya – Respondent


Judgement

KHANNA, J.:- This is an appeal by special leave against the judgment of Kerala High Court affirming on appeal, the order of the Lower Court whereby the appellant Bank s application for execution of an award made under the Bombay Co-operative Societies Act. 1925 (hereinafter referred to as the Bombay Act) was dismissed.

2. The appellant is a Co-operative Society registered in Bombay under the Bombay Act. The Head Office of the appellant is in Bombay and it has a branch in Mangalore. As the objects of the appellant were not confined to one State, it was governed by Multi-Unit Co-operative Societies Act of 1942 (hereinafter referred to as the Central Act). The appellant made a claim under Section 54 of the Bombay Act in respect of a transaction which took place in Mangalore against the respondent who is a resident of Kasaragod, and was a Member of the appellant society. Both Mangalore and Kasaragod were at the relevant time in Madras Presidency The Deputy Registrar of Co-operative Societies, Bombay gave an award regarding that claim. The award was sought to be executed as a decree in the Court of Subordinate Judge, Kasaragod. An objection to the execution of the decree was rai













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