Short Answer

Yes, legal fees are recoverable if you win a case against the society.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of legal fees. This section states that any sum awarded by the Registrar or any other authority in favor of a party shall be recoverable as an arrear of land revenue. This means that if you win a case against the society and legal fees are awarded in your favor, the society is legally obligated to pay those fees.

In practice, once the decision is made in your favor, you can request the society to pay the legal fees as per the order. If the society refuses to comply, you can approach the Registrar or the appropriate authority to enforce the payment. The legal fees awarded are treated as a debt owed by the society, and failure to pay can lead to further legal action.

For example, if a member of a cooperative society takes legal action against the society for a violation of their rights and the court awards legal fees in favor of the member, the society must pay those fees as directed by the court order. Failure to do so can result in enforcement measures by the Registrar.

Another scenario could be where a society initiates legal proceedings against a member without proper cause, and the member successfully defends the case with legal fees awarded in their favor. In this case, the society is liable to pay the legal fees to the member as per the court's decision.

In summary, legal fees are recoverable if you win a case against the society, as provided for under Section 123 of the Gujarat Cooperative Societies Act, 1961.

References

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF