Research › Browse › Judgment

Calcutta High Court · body

1948 DIGILAW 260 (CAL)

Bengal Co-operative Silk Union Ltd. , Maldah v. Sashadhar Dalal

1948-12-20

body1948
ORDER 1. An award was made in favour of the Bengal Co-operative Silk Union Ltd., (hereafter called the society) under the provisions of the Co-operative Societies Act (Act II [2] of 1912) on 15th January 1935. The award was against the opposite parties before us. In accordance with R. 22(7) of the Rules framed under S.43, Co-operative Societies Act, an application to realise by execution the money due under the award was made by the society in the Court of the Subordinate Judge of Birbhum. At the sale held on 2nd March 1936, in those execution proceedings the society purchased some properties belonging to the debtors, viz., the opposite parties. The said society obtained possession on 22nd November 1936. On 28th April 1943, the debtors made an application under S. 37A, Bengal Agricultural Debtors Act before the Debt Settlement Board for restoration of possession. The Board dismissed the application on the ground that the said section could not be invoked. The Appellate Officer, however, reversed the order of the Board and the order of the Appellate Officer has been confirmed in revision by the District Judge. The society has obtained this rule. 2. In our opinion the application under S. 37A for restoration of possession is not maintainable. The relevant part of that section is as follow: When any immovable property of any person has been sold after 12th August 1935, in execution of a decree of a Civil Court or a certificate under the Bengal Public Demands Recovery Act, 1913. 3. The debtor can invoke S. 37A only if his creditor had purchased the property in execution of a decree of a Civil Court or in execution of a certificate under the Bengal Public Demands Recovery Act. In the case before us the award that has been made under the provisions of the Co-operative Societies Act, cannot be taken to be a decree of a Civil Court, although under the provisions of R. 22(7) of the Rules framed under the Co operative Societies Act such an award can be executed in the same manner as decrees of Civil Courts. It is on this ground and on this ground alone that we make this Rule absolute, and discharge the orders passed by the District Judge and by the Appellate Officer, and confirm the order passed by the Debt Settlement Board to the effect that the application was not maintainable. 4. It is on this ground and on this ground alone that we make this Rule absolute, and discharge the orders passed by the District Judge and by the Appellate Officer, and confirm the order passed by the Debt Settlement Board to the effect that the application was not maintainable. 4. In the circumstances of the case we direct the parties to bear their respective costs in this Rule.