VALIRAM LAKHANI Vs. S M KURAY

JUDGEMENT

(1.) THE above special civil application under Articles 226 and 227 of the Constitution of India is directed against the order of the Divisional Joint Registrar of Co-operative Societies, Bombay, dated April 18, 1973, setting aside the certificate issued by the Assistant Registrar, Co-operative Societies, Bombay, for execution of an award passed in the proceedings under Section 91 of the Maharashtra Co-operative Societies act, by consent on November 15, 1969. The order of the Divisional Joint Registrar is challenged on the ground that he had no jurisdiction to set aside the certificate to execute the award as decree of the Civil Court.

(2.) A few relevant facts may be stated briefly as follows:-The petitioner filed an arbitration case against respondent No. 3 under Section 91 of the of the Maharashtra Co-operative Societies Act. 1960. The case was refereed to the Officer on Special Duty, Bombay, who passed an award in accordance with the consent terms arrived at between the parties. Under the said award the respondent undertook to pay to the petitioner Rs. 350/- as compensation for the flat occupied by him in a Co-operative Housing Society which was also a party to the said arbitration case. He had also to pay arrears of compensation at the said rate. It was further provided, that in the event of the respondent 3, failing to pay arrears as stipulated above, or in the event of his failing to pay arrears of compensation and other dues for three consecutive months, notwithstanding anything else contained in the consent terms, the respondent 3 was liable to be evicted immediately.

(3.) ON December 7, 1971, the petitioner applied to the Assistant Registrar, Co-operative Societies for issue of a certificate for execution of the award as a decree through the Civil Court under Section 98 of the Maharashtra Co-operative Societies Act, 1960 alleging that the respondent No. 3 failed to carry out the award. The Assistant Registrar of Co-operative Societies issued a certificate for execution of the award under Section 98 (a) of the Maharashtra Co-operative Societies Act, 1960, on February 16, 1972. Relying on the said certificate the petitioner filed the executive application on the Original Side of this Court for recovery of possession of the flat.