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1984 Supreme(Bom) 80

C.S.DHARMADHIKARI, G.D.KAMAT
Nivrutti Narayan Bankar – Appellant
Versus
Adarsha Padhegaon Vividh Karyakari Seva Sahakari Society Ltd. , & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---The petitioner Nivrutti Narayan Bankar was a member of the Respondent No. 1 Adarash Padhegaon Vividh Karyakari Seva Sahakari Society Ltd. from the year 1960. The respondent No. 1 society used to give crop loans to the petitioner. Thus the petitioner was in arrears of the loan amount of Rs. 62,863/- on 30th June, 1963. The respondent No. 1 society, therefore, made an application to the Registrar of the Co-operative Societies under section 101 of the Maharashtra Co-operative Societies Act for the issue of a recovery certificate. The respondent-society obtained such a certificate in the year 1964 and thereafter started recovery proceedings by attachment etc. It is the case of the petitioner that the respondent No. 1 society received payments of Rs. 96,000/- till the year 1976 under the said recovery certificate. The petitioner, therefore, challenged the further recovery of the amount, which was obviously towards interest, in view of the amended provisions of Maharashtra Act No. III of 1974 whereby section 44-A was inserted in the statute book. According to the petitioner, in view of the provisions of section 44-A, which have been given retrospectiv












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