GOPAL Vs. DIVISIONAL JOINT REGISTRAR CO OP SOC

JUDGEMENT

(1.) This writ petition is for a writ of certiorari to strike down and quash the recovery proceedings foliowing the certificate dated 2-5-1981 issued by the District Deputy Registrar and notice issued by the Recovery Officer dated 15-7-1981 and orders passed pursuant thereto.

(2.) The few facts leading to this petition, and which are not in dispute, can be stated thus : The petitioner is the son of Madanlal Kalantri. It appears that this Madanlal Onkardas Kalantri was indebted to Malkapur Urban Co-operative Bank, Malfcapur in the District of Buldana. Proceedings were started against him under the Maharashtra Co-operative Societies Act. Section 91 and an award came to be passed on the 28th of August 1968 directing Madanlal to pay an amount of Rs. 13,445/- to the Malkapur Urban Co-operative Bank, Malkapur (hereinafter referred to as the Malfcapur Bank). Interest was also awarded on this amount at 11 per cent per annum.

(3.) As the amount was not paid by the said Madanlal, the Malkapur Bank took up proceedings for recovery and on 26th October, 1972 a certificate was issued against the said Madanlal for recovery of an amount of Rs. 14,452.95 and further interest thereon as directed in the certificate including the costs. Further proceedings were continued against the said Madanlal, but did not succeed, it appears, in recovering any moneys from the said Madanlal except it appears, a very small amount.