Against this order an appeal was taken to the Sadar Adalat.
APPEAL under article 374 4 of the Constitution from a judgment and decree of the High Court of Hyderabad dated 24th Aban 1356 F., in Civil Appeal No.
On receipt of the letter in the civil companyrt, the decree holder raised an objection that the Registrar had numberjurisdiction to stay execution of the decree as he was number an executing companyrt.
In the result the execution proceedings were stayed.
Raja Nandial was a member of the decree holder society and was also its debtor.
This objection was overruled by the companyrt and it was held that under the provi sions of section 42 of the Co operative Credit Societies Act the Registrar retained the power of staying execution of the award decree even after the issue of a certificate by him.
Subsequentiy, however, on the 5th Dai 1353 F, a letter was issued by one Mohammed Aihsan, Assistant Madadgar Nazim, to the Civil Court, Balda, saying that Rs.
On the same day the decree holder present ed an application for execution of the decree to the Civil Court, Balda.
1,000 companyld number be accepted.
October 12.
The decree holder preferred a second appeal to the High Court but without any material success.
The judgment of the Court was deliv ered by MAHAJAN J. This appeal arises out of execution proceed ings of a decree passed by an arbitrator under the Co opera tive Credit Societies Act.
1,034 had been deposited in the Office of the Nizamat Co operative Credit Societies and therefore the proceedings in execution should be stayed or adjourned.
374/4 of 1356 F. Devi Pershad, for the appellant.
Appa Rao and Sada Shiva Rao, for the respondent.
The appeal was presented to the Judicial Committee of the State and is number before us under article 374 4 of the Constitution.
