The main legal point established in the judgment is the applicability of the provisions of the MSCS Act, 1984 and MSCS Act, 2002 in the execution of the decision by the Central Registrar, and the conclusion that the decision is in force as if made under the MSCS Act, 2002 and is executable in accordance with its provisions.

1. The Letters Patent Appeal in hand is directed against the judgment dated 20th May, 2011 in OWP No.485/2007 titled "JAKFED and others versus Union of India and others", whereby, the appellants' writ petition has been dis#31;missed. First, an overview of back#31;ground facts:

2. The appellant No. 1 is a society duly registered under Jammu and Kashmir Societies Registration Act, 1998 (1941 A.D.) The appellant society sometime back became share holder of Krishak Bharti Co-operative Ltd. (KRIBHCO for short) and took upon it#31;self the responsibility to supply fertiliz#31;ers and other products, marketed by KRIBHCO-respondent no.2 herein, to the member societies of appellant no. 1 in the State of Jammu and Kashmir. The appellant No. 1 as per the arrange#31;ment arrived at, would pick up the sup#31;plied fertilizers from Railway Station, Jammu and transport and deliver it to its member societies at block level, where from it would go to the farmers. The appellant No.1, in the process, in#31;curred huge expenditure on account of transportation of the supplied fertiliz#31;ers from Railway Station, Jammu to its member societies. The matter was taken up with the Government of India for reimbursement of the extra cost in#31;curred on account of transportation and the Government of India vide order dated 16th October, 1997 laid down a scheme styled as "Special Freight Re#31;imbursement Scheme" (SFRS) opera#31;tional with effect from 01.04.1997. The appellant society, however, continued to insist on giving retrospective effect to the Scheme. The financial crises with which the appellant society was confronted did not come to an end with the "Special Freight Reimbursement Scheme". The member societies of the appellant society, defaulted in making payments due from them, resulting in arbitral proceedings initiated by the appellant society. The arbitral proceed#31;ings resulted in two awards in favour of the appellant society. One against Vijay Co-operative Society and other against Jammu Tehsil Co-operative Society.

3. However, the respondent no.2 on its part, aggrieved with non-receipt of the amount due to it from the appel#31;lant society raised a dispute in terms of Section 74 (2) (a) of "The Multi-State Co-operative Societies Act, 1984" ("MSCS, Act 1984" for short) before Cen#31;tral Registrar, claiming an amount of Rs.7,44,67,100.40/- (rupees seven crores forty four lakhs sixty seven thou#31;sand one hundred and fort paise) due to the KRIBHCO - respondent no.2 till 30th September, 1995. Though the appellant society contested the claim, the pro#31;ceedings led to decision styled as "Judg#31;ment" in terms of Section 76 of the MSCS Act, 1984 by the Central Regis#31;trar on 17th August, 1999. The judg#31;ment/decision made the appellant so#31;ciety liable to pay an amount of Rs.2.91/- crores to the respondent no.2. The interest accruing on the admitted out-standings of Rs.2.91/- crores was, however, directed to be waived in view of the financial difficulties in which the appellant society had landed. Appellant society was asked to make concerted efforts to obtain finances either from its Marketing Societies or from State Gov#31;ernment and give an undertaking that in the event, such money is obtained from the Marketing Societies, the ad#31;mitted outstanding of Rs.2.91/- crores would be the first charge on the amount.

4. The respondents as a next step to enforce the judgment/decision dated 17.08.1999, obtained on 18th December, 2003 a "recovery certificate" in terms of Section 94(b)(1) of the MSCS Act, 2002 read with sub-rule (2) of Rule 37 of the MSCS Rules, 2002. The "recov#31;ery certificate" was questioned by the appellant society in OWP No.362/2005 on the ground that judgment/decision was made under MSCS Act, 1984 and MSCS Act, 2002, could not be pressed into service by the respondent no. 2 to obtain "recovery certificate". The peti#31;tion succeeded and the Writ Court vide order dated 27.02.2006 quashed the "re#31;covery