Co-operative societies Act and Res judicata
DEVENDRA
(Querist) 24 April 2009
This query is : Resolved
In Maharashtra co-op.societies Act, there are two sections regarding recovery of loans. One u/s 101 and another u/s 91.
Enquiry u/s 101 is quasi judicial and is of summary nature. Whereas u/s 91, full trial is conducted.
In such circumstances, if one society approaches u/s 101 for recovery of arrears of loan amount till the date of filing application, and obtains certificate u/s 101, and on failuer to recover the amount, the sociaty approaches u/s 91 to recover entire loan amount ( and not only arrears ), then whether the act of the society to apply u/s 91 wil be res-judicata ?
If anyone has citation regarding it, please convey.
Y V Vishweshwar Rao
(Expert) 28 April 2009
The proceedings u/s 101 for Arrears only
The Proceedings u/s 91 are for recovery of total due , There is no contradiction ,but the part claimed u/s 101 if not recovered , is to be claimed again u/s 91 ,The nature of proceedings u/s 101 not Judicial and full trial , it is only quasi judicial and administrative with recovery rights , the Proceedings u/s 91 are for claim and adjudication .
I am of the view the same is not Res judicata
