JUDGMENT - F.I. REBELLO, J.:---The applicant the Abhyudaya Co-operative Bank Limited has moved this Court in proceedings for execution taken out against the defendant No. 1. It is the case of the applicant that order dated 22nd January, 1999 passed by the Commissioner for Taking Account of this Court, be set aside and it be declared that the said order is illegal., bad-in-law and passed without any application of mind. There is also a prayer for interim relief in terms of prayer Clause (b) and some other reliefs which I need not advert to presently.

2.It is the case of the applicant that they had advanced money to defendant No. 1. In respect of the amount advanced, as defendant No. 1 failed to pay the amount, dispute was raised under the provisions of the Maharashtra Co-operative Societies Act. An Award came to be passed against the defendant No. 1 on 3rd July, 1995. The applicant thereafter proceeded to execute the said Award. On 22nd December, 1995 a certificate was issued in their favour to execute the Award as arrears of land revenue. On 23rd December, 1995 a demand notice was issued under section 156 of the Maharashtra Co-operative Societies Act. On 11th April, 1996, Flat No. B

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