JUDGMENT - Vaidya, J.

1. The above special civil application under Articles 226 and 227 of the Constitution of India is directed against the order of the Divisional Joint Registrar of Co-operative Societies, Bombay, dated April 18, 1973, setting aside the certificate issued by the Assistant Registrar, Co-operative Societies, Bombay, for execution of an award passed in the proceedings under Section 91 of the Maharashtra Co-operative Societies act, by consent on November 15, 1969. The order of the Divisional Joint Registrar is challenged on the ground that he had no jurisdiction to set aside the certificate to execute the award as decree of the Civil Court.

2. A few relevant facts may be stated briefly as follows:-

The petitioner filed an arbitration case against respondent No.3 under Section 91 of the of the Maharashtra Co-operative Societies Act. 1960. The case was refereed to the Officer on Special Duty, Bombay, who passed an award in accordance with the consent terms arrived at between the parties. Under the said award the respondent undertook to pay to the petitioner Rs.350/- as compensation for the flat occupied by him in a Co-operative Housing Society which was also a party to th

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