High Court of Judicature at Allahabad
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Mahavir Singh v. State Of U.P. And Others - WRIT - C No. 13800 of 2006  RD-AH 5406 (7 March 2006)
Hon. R.K. Agrawal, J.
Hon. (Mrs.) Saroj Bala, J.
Notice on behalf of the respondent nos. 1 to 4 has been accepted by the learned Standing Counsel. Let notice be sent to the respondent no. 5 fixing 24.4.2006. Steps to be taken within a week.
List on 24.4.2006.
The contention of the learned counsel for the petitioner is that the petitioner has filed an appeal against the award given by the rspondent no. 2 under the provisions of section 102 of the Cooperative Societies Act, 1965. It is not executable till the appeal is decided for which reliance has been placed in the Division Bench case of this Court in Ram Pahal Vs. District Assistant Registrar Cooperative Societies, Ghaziabad and others reported in (1990) 3 UPLBEC 1935. As an interim measure, recovery proceeding initiated against the petitioner pursuant to the award which is the subject matter of the appeal shall remain stayed till the decision of the appeal or till the decision of the writ petition, whichever is earlier.
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