Short Answer

Yes, a society can impose a recovery certificate on a member's flat if the member obtains a court order.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative society to recover any amount due from a member as an arrear of land revenue. This includes the power to impose a recovery certificate on the member's flat. In practice, if a member fails to pay the amount due to the society even after obtaining a court order, the society can take legal action to recover the dues by imposing a recovery certificate on the member's flat. This process allows the society to enforce the court's order and recover the outstanding amount from the member's property.

Real-world Scenarios

• Scenario 1: Mr. Patel, a member of a cooperative society, fails to pay his maintenance dues despite a court order. The society decides to impose a recovery certificate on Mr. Patel's flat to recover the outstanding amount.

• Scenario 2: Ms. Sharma obtains a court order against the society for not providing her with the agreed-upon amenities. In retaliation, the society imposes a recovery certificate on Ms. Sharma's flat for unpaid dues.

Step-by-step process:

• The society issues a notice to the member regarding the outstanding dues.

• If the member fails to pay even after obtaining a court order, the society can approach the Registrar for permission to impose a recovery certificate on the member's flat.

• The recovery certificate is then imposed on the flat, allowing the society to take necessary action to recover the dues.

Reference

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