R.S.A. No. 4308 of 2009(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 4308 of 2009 (O&M) Date of Decision: November 27, 2009 The Dhariwal Cooperative Society Limited …..Appellant Vs. Sain Dass …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Puneet Sharma, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) Vide judgment and decree passed by the trial Court and lower Appellate Court, the suit of the plaintiff- respondent for release of all the retrial benefits with interest stands decreed. Counsel for the appellant submits that the present appeal has been filed through the Ex-President and that the Society has gone under liquidation. The liabilities of the society are required to be met by the liquidator in accordance with the provisions of The Punjab Cooperative R.S.A. No. 4308 of 2009(O&M) [2] Societies Act, (hereinafter referred to as ‘the Act’), as such, the counsel claims, that the decree passed by the Courts below is unexecutable against the appellant. I have heard counsel for the appellant. The appeal has been filed by the Cooperative Society through the Ex-President whereas it is claimed that the Society stands liquidated. The powers of the liquidator are mentioned in Section 59 of the Act. The manner in which the liquidator is required to distribute the realized assets and the priorities mentioned in Sections 59 (1) and 85 (2) of the Act. There are statutory rules of the Punjab Cooperative Societies framed in the year 1963. Certain circulars have also been issued by the Government indicating as to how the liabilities of a Society under liquidation should be paid off. The manner and order in which the liabilities are to be paid off by the liquidator are specifically mentioned in the Rules. The appeal through the ex-President is not maintainable. It will be open to the plaintiff- respondent to execute the decree in accordance with law against the Society through the liquidator. No substantial question of law is involved warranting interference in the orders passed by the Courts below. Dismissed. November 27, 2009 (M.M.S.BEDI) sanjay JUDGE