- (1.) A dispute having arisen between the Rohtak Central Co-operative Bank Limited, Rohtak (petitioner) with Ismaila Brick-Kiln-cum-Production Cooperative Industrial Society Limited (respondent), the matter was referred for arbitration under the Punjab Co-operative Societies Act, 1961, (hereinafter the Act), to Shri K.K. Kundra, Industrial Inspector, Cooperative Societies for adjudication, who vide his award held the respondent liable to pay Rs. 33778.39 to the petitioner. The petitioner initiated proceedings to execute the award. The respondent filed an objection petition under section 47 of the Civil Procedure Code. The executing Court framed the following issues:- (1) Whether the objections cannot be taken in execution application at this stage ? (2) Whether the award can be set aside on the grounds mentioned in the objection petition ? (3) Whether the judgment-debtor is estopped from raising objections as alleged ? The Senior Subordinate Judge, Rohtak, vide order dated May 28, 1977, found all the issues in favour of the respondent and consequently dismissed the objection petition. The petitioner has assailed the order dated May 28, 1977, in the present revision.
(2.) The learned counsel for the petitioner has argued that the respondent was debarred from filing the objection petition under section 82(3) of the Act and the impugned order is liable to be set aside on this ground. The contention is without merit.
(3.) The relevant part of section 82 reads :- "82. Bar of jurisdiction of Courts - (1) Save as provided in this Act, no civil or revenue Court shall have any jurisdiction in respect of :- (a) the registration of a co-operative society or its bye-laws or of an amendment of a bye-law; (b) the removal of a committee; (c) any dispute required under section 55 to be referred to the Registrar or any matter in which proceedings under section 55-A have been initiated; or (d) any matter concerning the winding up and the dissolution of a co-operative society. (2) ... ... . (3) Save as provided in this Act, no order, decision or award, made under this Act, shall be questioned in any Court on any ground whatsoever".;