- (1.) In this revisional application under Article 227 of the Constitution of India the revisionist has sought to challenge Order No. 37 dated 16.6.2010 passed by the learned Civil Judge, Senior Division, Suri, Birbhum in Misc. Case No. 25 of 2009 whereby an application under section 47 of the Code of Civil Procedure was rejected and Misc. Case No. 25 of 2009 filed in connection with Money Execution Case No. 2 of 2007 was disposed of.
(2.) In support of this revisional petition it is submitted by Mr. Partha Dutta, learned Counsel, for the revisionist, that award passed under section 128 of the West Bengal Co-operative Societies Act, 1983, (hereinafter referred to as the said Act) is to be executed through the certificate officer and /or collector as a public demand as envisaged in serial No. 6 of the Second Schedule of the said Act. It is, therefore, submitted by him that the learned Civil Judge, Senior Division, Birbhum, is not vested with the jurisdiction to entertain money execution case No. 2 of 2007 and to proceed with the same. According to him, Civil Court's jurisdiction in respect of money execution proceeding is barred under section 9 of the Code of Civil Procedure in view of the expressed provisions of the said Act and the Rules framed thereunder.
(3.) In this context Mr. Dutta, learned Counsel, for the petitioners, refers to a ruling of the Full Bench of the Patna High Court Sheetal Prasad & Ors. etc. vs. State of Bihar & Ors., 1990 AIR(Pat) 64 and argues that the award dated 19.6.2006 passed by the A.R.C.S. in Case No. 125 of 2004-05 under section 128 of the West Bengal Co-operative Societies Act, 1983, is executable by the certificate officer/collector. According to him, no such certificate proceeding in connection with the execution of the award in question has yet been initiated even though the Civil Court had no jurisdiction to execute the said award passed by the A.R.C.S. and Arbitrator. He has, therefore, prayed for quashing the money execution proceeding including the impugned Order No. 37 dated 16.6.2010 passed in Misc. Case No. 25 of 2009.;