PUNJAB STATE COOPERATIVE BANK LIMITED Vs. AMARJIT SINGH

JUDGEMENT

(1.) Instant revision petition has been filed challenging the order dated 28.04.2011 passed by learned Additional District Judge, Panchkula whereby execution application filed by the petitioner-bank under Order 21 Rule 11 CPC read with Section 63 of the Punjab Cooperative Societies Act, 1961 (in short "the Act") has been returned to the concerned Registrar, being not maintainable.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) Learned counsel for the petitioner has contended that under Section 63(a) of the Act, the Civil Court has the jurisdiction to execute the certificate which had been signed by the Registrar or any person authorized by him as the same is considered to be a decree of civil court. The learned counsel has further contended that the necessary certificate under Section 63 (a) of the Act was duly issued on behalf of the Registrar and the same was attached with the execution petition, therefore, the Award passed under the Act shall be deemed to be decree of a civil court and the same is liable to be executed in the same manner as decree of civil court. The learned counsel has further contended that Section 55 of the Act ousts the jurisdiction of the Civil Court to entertain any suit or pleadings in respect of disputes mentioned in clauses (a) and ( c) of sub-Section (1) of Section 55 of the Act. However, learned counsel has further contended that the dispute between the parties has already been adjudicated by the Arbitrator and the Award so passed is executable before the Civil Court in view of Section 63(a) of the Act. None has appeared on behalf of the respondents.