T.D.Kares vs The Repatriates Cooperative Finance … on 17 July, 2026

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    Madras High Court

    T.D.Kares vs The Repatriates Cooperative Finance … on 17 July, 2026

    Author: D.Bharatha Chakravarthy

    Bench: D.Bharatha Chakravarthy

        2026:MHC:2912
    
    
    
                                       THE HIGH COURT OF JUDICATURE AT MADRAS
    
                              Order reserved on : 09.07.2026               Order pronounced on : 17.07.2026
    
                                                                CORAM
    
                                           THE HON'BLE MR. JUSTICE P.B.BALAJI
    
                                                        CRP.No.3608 of 2026
                                                       & CMP.No.15693 of 2026
    
    
                T.K.Kares                                                                     .. Petitioner
    
                                                                   Vs.
    
                1.The Repatriates Co-operative Finance
                  and Development Bank Limited, called as
                  REPCO Bank
                  Represented by its Authorised Signatory,
                  No.33, North Usman Road,
                  T.Nagar, Chennai – 600 017.
    
                2.K.Naina Beevi
                3.K.Sarbudeen
                4.I.Bakartheen
                5.D.Yasin                                                                   .. Respondents
    
                Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to
                strike off E.P.No.158 of 2026 pending on the file of the Sale Officer appointed by
                Central Registrar of Co-operative Societies, attached REPCO Bank, Chennai.
    
    
                                         For Petitioner        : Mr.S.D.Venkateswaran
                                                                 for Mr.S.Ruban Prabu
    
                                         For Respondents : Mr.A.Ilangovan for R1
                                                           No appearance for RR4 & 5
                                                           RR2 & 3 Not ready in notice
    
    
    
    
    https://www.mhc.tn.gov.in/judis
        2026:MHC:2912
    
    
    
    
                                                         ORDER
    

    The judgment-debtor, aggrieved by the order passed by the Executing Court in

    E.P.No.158 of 2026, has come up with the present revision petition, invoking Article 227

    SPONSORED

    of the Constitution of India.

    2.I have heard Mr.S.D.Venkateswaran, for Mr.S.Ruban Prabu, learned counsel for

    the revision petitioner and Mr.A.Ilangovan, learned counsel for the contesting 1 st

    respondent.

    3.Mr.S.D.Venkateswaran, learned counsel appearing for the revision petitioner

    would, at the outset, state that the parties are governed by the provisions of the Multi-

    State Co-operative Societies Act, 2002, and in terms of Section 84(5) of the said Act, the

    provisions of the Arbitration and Conciliation Act, 1996, alone would apply to the

    proceedings and in such view of the matter, according to the learned counsel, firstly, the

    execution petition has been filed, even before the expiry of the statutory appeal period

    provided under the Arbitration and Conciliation Act, 1996, which is in gross violation of

    Section 36 of the Arbitration and Conciliation Act, 1996.

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    2026:MHC:2912

    4.Secondly, it is his submission that in terms of Section 2(1)(e) of the Arbitration

    and Conciliation Act, 1996, the Court that can execute an award is only the Principal

    Civil Court of original jurisdiction or the High Court having jurisdiction to try the

    subject matter of the arbitration and in the instant case, the execution proceedings have

    been initiated by the Sales Officer, without any jurisdiction or authority.

    5.Thirdly, it is the submission of the learned counsel for the revision petitioner

    that Rule 37 of Multi-State Co-operative Societies Rules, 2002, mandates transfer of

    execution application for the purposes of execution of any decree or order or decision, to

    the Recovery Officer, in whose jurisdiction the judgment-debtor resides, or his property

    is situate. The learned counsel for the revision petitioner, in this regard, would submit

    that the property is admittedly situate within the jurisdiction of Thirukazhukundram

    Court, where the petitioner is also residing and in such circumstances, the Sales Officer

    sitting at Chennai is not empowered or entitled to execute the order.

    6.Lastly, it is the submission of the learned counsel for the revision petitioner that

    even though the Act underwent amendments and even Section 84 of the Multi-State Co-

    operative Societies Act, 2002, has been brought in, within the ambit of Section 94,

    which relates to execution of decisions, decrees and orders under Chapter 11, since the

    arbitration proceedings were initiated prior to the date of amendment dated 03.08.2023

    and no retroactive or retrospective effect having been given to such proceedings, the

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    2026:MHC:2912

    respondent cannot take advantage of insertion of Section 84 in Section 94. He therefore

    prays for the revision being allowed.

    7.Per contra, Mr.A.Ilangovan, learned counsel appearing for the contesting 1 st

    respondent would firstly contend that the award itself came to be passed only on

    28.11.2025, even though ARC proceedings were initiated in 2021 and taken up in

    ARC.No.2 of 2022. He would therefore state that the award, having been passed after

    the amendment came into force, the execution of the award is governed by the amended

    provisions and there was nothing improper or illegal in the Sales Officer initiating

    proceedings for execution. With regard to the applicability of the provision of the

    Arbitration and Conciliation Act, 1996, the learned counsel for the 1 st respondent would

    contend that Section 84 of the Multi-State Co-operative Societies Act, 2002, which

    provides for settlement of disputes and reference to arbitration and inviting my attention

    to Section 84(5) of the Multi-State Co-operative Societies Act, 2002, he contends that

    the provisions of the Multi-State Co-operative Societies Act would prevail over the

    Arbitration and Conciliation Act, 1996.

    8.Insofar as the argument regarding the jurisdiction of the Sales Officer, the

    learned counsel for the 1st respondent would rely on the order passed by the Central

    Registrar of Co-operative Societies on 27.02.2025, in exercise of powers under Section

    97 of the Multi-State Cooperative Societies Act, 2002, appointing the Deputy General

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    2026:MHC:2912

    Manager, one Thamodharan S, as a Sales Officer, empowering him to deal with 12

    cases, including the case of the revision petitioner. He would therefore contend that no

    prejudice is caused to the petitioner, on account of a specific Sales Officer having been

    appointed by the Central Registrar of Co-operative Societies, conferring jurisdiction on

    him insofar as the subject matter of dispute is concerned. He would therefore pray for

    dismissal of the revision.

    9.I have carefully considered the submissions advanced by the learned counsel on

    either side.

    10.Firstly, I will deal with whether the provisions of the Arbitration and

    Conciliation Act, 1996 alone will have to be resorted to, for the purposes of execution of

    the award. No doubt, the arbitration proceedings were initiated in October 2021 and

    taken up in ARC.No.2 of 2022. At that relevant point of time, there can be no two

    opinions that the unamended provisions of then Act, especially, Section 94 dealing with

    execution, did not encompass Section 84. At the same time, it cannot be brushed aside

    that the award admittedly came to be passed on 28.11.2025, long after Act 11 of 2023,

    inserting Section 84 into Section 94. After amendment, Section 94 of the Multi-State

    Co-operative Societies Act, 2002, (after amendment) reads as follows:

    “94. Execution of decisions, etc.— Every decision or order made
    under section 39 or section 40 or section 83 or 1 [section 84 or] section 99 or
    section 101 shall, if not carried out,—

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    (a) on a certificate signed by the Central Registrar or any person
    authorised by him in writing in this behalf, be deemed to be a decree of a civil
    court and shall be executed in the same manner as if it were a decree of such
    court and such decree shall be executed by the Central Registrar or any
    person authorised by him in writing in this behalf, by attachment and sale or
    sale without attachment of any property of the person or a multi-State co-
    operative society against whom the decision or order has been made; or

    (b) where the decision or order provides for the recovery of money, be
    executed according to law for the time being in force for the recovery of
    arrears of land revenue: Provided that any application for the recovery of any
    sum shall be made in such manner—

    (i) to the Collector and shall be accompanied by a certificate signed by
    the Central Registrar or by any person authorised by him in writing in this
    behalf;

    (ii) within twelve years from the date fixed in the decision or order and
    if no such date is fixed, from the date of decision or order, as the case may be;
    or

    (c) be executed by the Central Registrar or any person authorised by
    him in writing in this behalf, by attachment and sale or sale without
    attachment of any property of the person or a multi-State co-operative society
    against whom the decision or order has been made.”

    When an award itself is passed, after the amendment to Section 94, incorporating

    Section 84 and bringing it within the ambit of execution by the Central Registrar or any

    person authorised by him, I am unable to countenance the arguments of

    Mr.S.D.Venkateswaran, learned counsel for the petitioner that it is only the provisions of

    the Arbitration and Conciliation Act, 1996, that would prevail and apply to the facts of

    the present case. At this juncture, it would be useful to refer to Section 84, which deals

    with reference and disputes. Section 84(1) and 84(5) are usefully extracted hereunder:

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    2026:MHC:2912

    “84.Reference of disputes.-

    (1) Notwithstanding anything contained in any other law for the
    time being in force, if any dispute [other than a dispute regarding
    disciplinary action taken by a multi-State co-operative society against its
    paid employee or an industrial dispute as defined in clause (k) of section
    2
    of the Industrial Disputes Act, 1947 (14 of 1947) touching the
    constitution, management or business of a multi-State co-operative
    society arises.

    (5) Save as otherwise provided under this Act, the provisions of the
    Arbitration and Conciliation Act, 1996 (36 of 1996) shall apply to all
    arbitration under this Act as if the proceedings of arbitration were
    referred for settlement or decision under the provisions of the Arbitration
    and Conciliation Act, 1996
    (26 of 1996).

    11.Section 84(5) clearly opens with a rider that the provisions of the Arbitration

    and Conciliation Act would apply, only if not otherwise provided under this Act. When

    Section 94 clearly provides for the manner of execution of decisions or orders made

    under the Act, including Section 84, with the amendment coming into effect on

    03.08.2023, I am unable to see any merit in the contention put forth by the learned

    counsel fro the petitioner that only the provisions in the Arbitration and Conciliation Act

    would apply and not the provisions of the Multi-State Cooperative Societies Act, 2002.

    Once this arguments is rejected, there is no merit in the other contentions that the

    execution petition has been instituted before the expiry of the statutory period under the

    Arbitration and Conciliation Act, by referring to Section 36 of the Act and also with

    regard to execution of awards in terms of Section 2(1)(e) of the Act, 1996.

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    2026:MHC:2912

    12.Section 99 of the Multi-State Co-operative Societies Act, 2002, in fact,

    provides for appeal against an order to the Central Registrar and to be made within 60

    days from the date of the decision or order, to the Appellate Authority. In and by Act 11

    of 2023, with effect from 03.08.2023, Section 98-A has also been introduced, providing

    a review to the Central Registrar seeking review of any order passed under clause (b) of

    subsection (1) of Section 94 pertaining to execution of decisions of the Central Registrar.

    However, the proviso to Section 98-A mandates the review applicant to deposit with the

    Society concerned, 50% of the amount of recoverable dues. Such review is also to be

    filed within a period of 60 days from the date of receipt of the decision or order of the

    Central Registrar. In such view of the matter, if at all the petitioner is aggrieved by the

    order passed in execution, an effective remedy is available even under the statute under

    Section 98-A. However, since the petitioner has chosen to challenge the proceedings

    before this Court by way of revision petition, I do not intend to render the petitioner

    remediless. In this regard, suitable directions are being issued in the concluding

    paragraph of this order.

    13.With regard to reliance placed on Rule 37(1) of the Multi-State Cooperative

    Societies Rules 2002 which reads as follows:

    “37. Procedure in execution of decrees, orders and decisions:-

    (1) Any decree-holder requiring the provisions of clause (c) of section
    94 to be applied, shall apply to the recovery officer in whose jurisdiction the
    cause of action arose and shall deposit the necessary costs as fixed by the
    Central Registrar. If the judgment debtor resides, or the property to be

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    2026:MHC:2912

    proceeded against is situated, outside the jurisdiction of such recovery
    officer, the recovery officer shall transfer the application to the recovery
    officer in whose jurisdiction the judgment debtor resides or the property is
    situated.”

    14.It is the argument of the learned counsel for the petitioner that the Sales Officer

    sitting at Chennai cannot put to execution an award, that too, proceed against the

    petitioner, who is an ordinary resident of Thirukazhukundram, owning property within

    the jurisdiction of Thurukazhukundram and beyond the jurisdiction of the Courts at

    Chennai.

    15.As seen from the above Rule, what all required is that the execution has to be

    made by the Sales Officer having competence and jurisdiction, particularly, the area,

    where the judgment debtor resides or owns property. In the present case, by virtue of

    Section 97, the Central Registrar had issued a circular on 09.12.2024 for the purposes of

    enabling execution of decrees and awards passed under Section 84 of the Multi-State

    Cooperative Societies Act, 2002. In pursuance of the said circular and powers conferred

    under Section 97 of the said Act, the Central Registrar of Cooperative Societies has

    appointed various officers as “Sales Officers” to enable them to execute order and

    awards. Insofar the petitioner-Company is concerned, one Thamodharan S, the Deputy

    General Manager has been assigned/allotted with the subject case.

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    2026:MHC:2912

    16.Section 94 of the Multi-State Co-operative Societies Act, 2002, as already

    discussed, empowers the Central Registrar to authorise any person for the purposes of

    execution of a decree as if it is decree of a Civil Court. In such view of the matter, I am

    unable to see any violation of mandate of Rule 37 as well and merely because a

    particular Sale Officer has been appointed to execute the decree against the revision

    petitioner and such officer does not have office within the jurisdiction of the Court

    concerned where the petitioner resides or his property situate. I am unable to see firstly

    any prejudice to the petitioner and secondly, there is no violation of the mandate of Rule

    37 as well since the Rule only requires that the jurisdictional Sale Officer should execute

    the award or decree, which is being strictly complied with in the instant case. For all the

    above reasons, I am unable to see any merit in the revision petition. The revision fails.

    17.In fine, the Civil Revision Petition is dismissed. However, considering the fact

    that the petitioner has been pursuing his remedy before this Court and in view of

    Amendment Act 11 of 2025, introducing Section 98-A to Multi-State Cooperative

    Societies Act, 2002, providing a remedy by way of review before the Central Registrar,

    to review the decision regarding execution of his decisions under section 94, I am

    inclined to give liberty to the petitioner, if so advised, to move the Central Registrar by

    way of review, within a period of three months from the date of receipt of a copy of this

    order, subject to the compliance of first proviso to Section 98-A. If any such review is

    filed within a period of three months and the first proviso to Section 98-A is complied,

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    2026:MHC:2912

    then the second proviso fixing a period of 60 days shall not be put against the revision

    petitioner and the review shall be entertained and disposed of on its own merits by the

    Central Registrar thereafter. No costs. Connected Civil Miscellaneous Petition is closed.

    
    
    
                                                                                              17.07.2026
    
                Neutral Citation Case : Yes / No
                Speaking / Non-speaking order
                Index    : Yes/No
                ata
    
    
                To
    
                The Registrar of Co-operative Societies, Chennai.
    
    
    
    
    https://www.mhc.tn.gov.in/judis
        2026:MHC:2912
    
    
    
                                                P.B.BALAJI.J,
    
                                                             ata
    
    
    
    
                                      Pre-delivery order made in
                                          CRP.No.3608 of 2026
                                      & CMP.No.15693 of 2026
    
    
    
    
                                                     17.07.2026
    
    
    
    
    https://www.mhc.tn.gov.in/judis
    



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