BHARAT CO-OPERATIVE TRANSPORT SOCIETY LTD Vs. PUNJAB NATIONAL BANK BHOPAL

JUDGEMENT

(1.) THE petitioner Co-operative Society does the business of transport. The Society purchased a scooter by borrowing loan from the Punjab national Bank. The scooter obviously was not purchased for the transport business as such but was a conveyance provided for office purposes. The society committed default in payment of instalments and the Punjab National bank brought this suit for recovery of the balance due. Shri Dharampal sharma was joined as a party, he having stood surety.

(2.) THE question that arose for consideration was whether this was a dispute referable to the Registrar under section 64 of the M. P. Co-operative societies Act and, therefore barred from the cognizance of a Civil Court under section 82 (c) of the Act. The trial Court has held that the suit was not a dispute covered by section 64 of the M. P. Co-operative Societies Act. The society has come up in revision.

(3.) THE revision must be dismissed. The expression "dispute touching the business of a society" has been construed and explained by the Supreme court in Deccan Merchants Co-operative Band Ltd. v. M js Dulichand Jugraj Jain and others, AIR 1969 SC 1320. in the following words : (para. 18):