HYDERABAD CO OPERATIVE COMMERCIAL CORPN LIMITED Vs. SYED MOHIUDDIN KHADIR
LAWS(SC)-1975-7-27
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 30,1975

HYDERABAD CO OPERATIVE COMMERCIAL CORPORATION LIMITED Appellant
VERSUS
SYED MOHIUDDIN KHADIR Respondents

JUDGEMENT

Ray, C. J. - (1.) These six appeals are by certificate from the judgment dated 23 January, 1968 of the High Court of Andhra Pradesh at Hyderabad in C. M. A. Nos. 210 and 374 of 1967 in that High Court.
(2.) Two questions arise for decision in these appeals. First whether in the circumstances of the case, there was any property of the Hyderabad Co-operative Commercial Corporation Ltd. hereinafter referred to as the Co-operative Society which could be attached by the decree-holders, the appellants in Civil Appeal No. 1708 of 1969 and Civil Appeal No. 2539 of 1969 in the hands of the Director of Civil Supplies. Second, whether the dissolution of the Hyderabad Cooperative Commercial Corporation Ltd. by the Registrar, of Co-operative Societies was competent. 2A. Syed Mohiuddin Khadri. hereinafter referred to as the decree holder, obtained on 14 August, 1951 a decree from the City Civil Court Hyderabad, against the Co-operative Society for a sum of Rs. 6, 91,293. 11 Ps. with interest.
(3.) On 23 November, 1959, the decree-holder filed an Execution Petition before the City Civil Court against the Co-operative Society for attachment inter alia of a sum of Rs. 4,50,000/- belonging to the Cooperative Society and in the custody of the Commissioner of Civil Supplies and the Accountant General, Hyderabad. On 27 November, 1959, the City Civil Court issued a prohibitory order to the Commissioner of Civil Supplies to hold the said sum until further orders. Pursuant to the order, on 2. December, 1959, the Accountant General wrote to the Commissioner of Civil Supplies that in view of the order of the Court, no payment relating to the Co-operative Society would be made by his office without the concurrence of the Court. The decree-holder contended that the attachment is valid. The State contends that there was no debt due to the Co-operative Society and therefore, there was no valid attachment.;


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