NAMASKAR SAHAKARI SARAFI MANDALI LTD Vs. LAXMI FERTILIZERS

JUDGEMENT

(1.) THIS petition is filed praying for quashing and setting aside the order passed by the Gujarat State Cooperative Tribunal, Ahmedabad in Appeal No.122 of 2007 below Exh.5 dated 15.7.2008.

(2.) THE facts leading to filing of this petition are such that the petitioner no.1-Society filed Summary Lavad Case No.620 of 2004 under Section 99(4) of the Gujarat Cooperative Societies Act, 1961 before the Board of Nominees, Mehsana for recovery of Rs.5,53,891/- alongwith interest @19% per annum and along with the said suit, the petitioner no.1-society also submitted necessary documents and asked for an order under Section 100 of the Act for attachment before the award. THE learned Nominee granted conditional order and directed the respondent no.2 and his father to deposit Rs.1,80,000/-, failing which, the shop in question had been ordered to be attached. In pursuance to the said order, the Court Commissioner issued notice and then on 11.10.2004 a panchanama was drawn in presence of respondent no.2 and the Court Commissioner sealed the shop as respondent no.2 refused to handover the keys to the Court Commissioner. THE learned Nominees passed the award dated 22.12.2005 for recovery of Rs.5,53,890/- plus 19% simple interest from 16.1.2004. In pursuance to the award passed, the petitioner no.1-society submitted an application before the District Registrar, Cooperative Societies, Sabarkantha at Himatnagar to issue the Certificate for Recovery through Civil Court and execution proceedings had also been filed bearing No.17/06 before the learned Senior Civil Judge, Himatnagar for recovery of Rs.8,07,129/- alongwith the running interest @19% per annum.

(3.) LEARNED advocate for the respondents submits that though there was only an attachment in favour of the petitioners, the Court Commissioner applied the seals and so because of such illegal act, they could not carry out the business and so they could not deposit any amount and comply with the order of the Court. He also submits that even at present also, if the seals are opened, the respondents are allowed to run their business and some reasonable time is granted, the respondents are ready to deposit the amount.