Supreme Court of India · 1950-10-12
[IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE vs NANDLAL
- Citation / case number
- SC 1950/33
- Court
- Supreme Court of India
- Petitioner
- [IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE
- Respondent
- NANDLAL
- Author
- MEHR CHAND MAHAJAN
- Bench
- MEHR CHAND MAHAJAN
Judgment text excerpt
The Supreme Court interpreted Section 42 of the Co-operative Credit Societies Act, 1340 F. (Hyderabad), clarifying that the Registrar does not possess the same powers as an executing court under the Civil Procedure Code. The Court held that once a default in payment of an instalment occurs, the entire decree amount becomes due, and the Registrar cannot accept partial payment or direct the executing court to cease proceedings. Consequently, the executing court is entitled to proceed with the execution of the whole amount despite the Registrar's order.