Registrar's authority to attach property during appeal upheld under the Tamil Nadu Co-operative Societies Act, 1983.

1. The writ appeal has been filed to challenge the judgment dated 28.1.2022 mainly on the ground that the Registrar has passed an order for attachment of the property pending appeal preferred by the appellant against the surcharge order.

2. It is submitted that during the pendency of the appeal, the Registrar was not having authority to pass the order of attachment of the property. A reference to S.143 and S.167 of the Tamil Nadu Co - operative Societies Act, 1983 [for brevity, "the Act of 1983"] has been given. It is to challenge the competence of the Registrar to pass order for attachment of the property. Rather, according to the writ appellant, the Registrar should have taken steps by filing an execution petition.

3. We have considered the submission made by learned counsel for the appellant and find that S.143 of the Act of 1983 does not envisage attachment of the property by way of an execution petition by the Registrar. Rather, the Registrar has been given power for attachment of the property to recover certain amounts and even for sale of property, for which the provision does not provide it to be by filing an execution petition.

4. Learned counsel for the appellant then shifted to S.167 of the Act of 1983 despite a specific provision under S.143 of the Act of 1983 giving power to the Registrar to attach the property and even sell the property to recover the due amount.

5. In the instant case, surcharge order was passed against the appellant. Though an appeal against the said order was maintained under S.152 of the Act of 1983, no interim order was granted therein and, accordingly, the Registrar was within his competence to pass an order of attachment to recover the amount.

6. So far as S.167 of the Act is concerned, that would operate on an application given by a registered society in reference to sub-section (1) to S.90; or on an application of the liquidator appointed under S.138 of the Act; and in reference to other provisions also.

7. In the case on hand, the relevant provision would be S.87 of the Act of 1983, because it was by virtue of the power conferred under the said provision an order was passed against the appellant. In order to ensure that there is no delay in execution of the said order for any reason, the power was given to the Registrar to secure the property by way of attachment.

8. S.143 and S.167 of the Act of 1983 are quoted hereunder for ready reference:
" 143.Power of the Registrar to recover certain sums by attachment and sale of property. - The Registrar or any person subordinate to him empowered by Registrar in this behalf may, subject to the rules and without prejudice to any other mode of recovery provided by or under this Act, recover -
(a) any sum due under a decree or an order of a Civil Court, a decision or an award of the Registrar or any person subordinate to and empowered by the Registrar or arbitrator or arbitrators or an order of the Registrar.
Explanation. - For the purpose of this clause, "Registrar" and "arbitrator" shall also include the Registrar of the State having reciprocal arrangements with the State of Tamil Nadu and any arbitrator appointed by such Registrar; or
(b) any sum due from a registered society or from an officer, former officer, member or past or deceased member of a registered society as such to the Government including any costs awarded to the Government in any proceedings under this Act; or
(c) any sum ordered to be paid towards the expenses of a general meeting of a registered society called under sub-section (4) of S.32 or sub-clause (ii) of clause (e) of sub- section (2) of S.81; or
(d) any sum awarded by way of costs under S.85 to a registered society including a financing bank; or
(e) any sum ordered under S.139 to be recovered as a contribution to the asse