JUDGEMENT
Sikri, C. J. -
(1.) This appeal by special leave is against the order of the Central Registrar of Co-operative Societies, New Delhi, dismissing the appeal filed by Panchshila Industrial Cooperative Society (Multi Unit) , appellant before us, against the award passed by the Arbitrator (Deputy Registrar of Co-operative Societies, Rohtak) dated October 7, 1969, in respect of the dispute between the Gurgaon Central Co-operative Bank Ltd., Gurgaon, respondent before us, and the appellant. The Central Registrar held that he was not the appropriate appellate authority against the award in question.
(2.) The only question which arises before us is whether the Central Registrar was the appropriate authority on the facts of this case. The relevant facts are these. The respondent Bank approached the Registrar of Co-operative Societies, Haryana, for resolving a dispute between the Bank and one of its members, appellant before us. The Registrar, by his order dated February 17, 1968, in exercise of the powers vested in him under S. 56 of the Punjab Co-operative. Societies Act, 1961, referred the dispute to the Deputy Registrar, Co-operative Societies, Rohtak for decision. The arbitrator gave the award on October 7, 1969, directing that the appellant do pay to the respondent in all Rupees 16,05,658.20 together with interest at the rate of six and a half per cent per annum until the realisation of the principal amount, viz. Rs. 11,52,535.00.
(3.) The appellant, as mentioned above, filed an appeal against this award before the Central Registrar. The respondent Bank is a co-operative society governed by the provisions of the Punjab Co-operative Societies Act 1961. Section 55 (1) of this Act inter alia provides that if any dispute touching the constitution, management or the business of a co-operative society arises between a member and the society, such dispute shall be referred to the Registrar for decision and no Court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. Section 55 (2) provides that for the purposes of subsection (1) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not, shall be deemed to be a dispute touching the constitution, management or the business of the co-operative society. Sub-section (3) of S. 55 provides that "if any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.";
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