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T.A. Muthuswamy Ayyer Vs. Co-operative Credit Society - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported inAIR1928Mad210
AppellantT.A. Muthuswamy Ayyer
RespondentCo-operative Credit Society
Excerpt:
- .....is as follows:(1) in the case of a dispute touching the business of the society between members or past members of the society or persons claiming through a member or past member or between a member or past member or persons so claiming and the committee or any officers, a reference in writing may be made by any party to the registrar. similarly in the case of a dispute relating to a debt due to a society by a member or a past member or persons claiming through a member or past member a reference in writing may be made by either party to the registrar.(2) (a) the registrar shall have power on receipt of such reference either to decide the dispute himself or transfer it for disposal to any officer who has been invested with powers under this rule or (g.o. 792 development, dated 30th may.....
Judgment:

Reilly, J.

1. The case to which this suit relates appears to have come before the Assistant Registrar under the provisions contained in the second sentence of the present Sub-rule (1) of Rule 14* of the rules under the Co-operative Societies Act 1912, and Sub-rule (2) of that rule. I see no reason to think that the second sentence of Sub-rule (1) of Rule 14 is, as suggested for the appellant, beyond the rule making powers granted by Section 43 of the Act apart from the special provision in Sub-section (5) of that section. Moreover, it now appears from Ex. 7, a letter addressed to the appellant to the Asst. Registrar, that he himself invoked jurisdiction of the Assistant. Registrar in this matter.

* The Rule No. 14 (1) is as follows:

(1) In the case of a dispute touching the business of the society between members or past members of the society or persons claiming through a member or past member or between a member or past member or persons so claiming and the committee or any officers, a reference in writing may be made by any party to the Registrar. Similarly in the case of a dispute relating to a debt due to a society by a member or a past member or persons claiming through a member or past member a reference in writing may be made by either party to the Registrar.

(2) (a) The Registrar shall have power on receipt of such reference either to decide the dispute himself or transfer it for disposal to any officer who has been invested with powers under this rule or (G.O. 792 Development, dated 30th May 1927) to refer it for decision to an arbitrator appointed by him or to several arbitrators of whom one may be appointed by him and one other by each of the parties to the dispute.

2(b) Any officer to whom a reference is transferred under Clause (a) shall have all the powers referred to in that clause.

(3) The Registrar, the arbitrator or arbitrators shall have power to administer oaths, to require the attendance of all parties concerned and of witnesses and to require the production of all books and documents relating to the matter of the dispute.

(4) After hearing the parties to the dispute and examining such witnesses and documentary evidence as may be produced, the Registrar or arbitrator or arbitrators shall give a decision or award in writing, and where there are several arbitrators the opinion of the majority shall prevail.

(5) The decision or award shall be enforced in either of these ways:

(a) On a requisition to the Collector of the District made by the Registrar of Co-operative Societies all sums recoverable under the decision or award shall be recovered in the same manner as arrears of land revenue.

(b) On application to the civil Court having jurisdiction over the subject matter of the decision or award that Court shall enforce the decision or award as if it were a decree of the Court.

(c) For the purpose of this rule civil Courts shall include village Courts constituted under the Madras Village Courts Act (Madras Act I of 1889).


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