Bharat Co-operative Transport Society Ltd. Bairagarh v. Punjab National Bank
1977-08-04
M.L.MALIK
body1977
DigiLaw.ai
Short Note : 1. The petitioner Co-operative Society was doing the business of transport. The society purchased a scooter by borrowing loan from the Punjab National Bank. The scooter was not purchased for the transport business but was a conveyance provided for office purposes. The society committed default in payment of instalments and the Punjab National Bank brought the suit for recovery of the balance due. 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 cognisance of a civil Court under section 82 (c) of the Act. The trial Court held that the suit was not a dispute covered by section 64 of the M.P. Co-operative Societies Act. Held : The revision must be dismissed. Dispute relating to purchase of furniture or taking a house on rent to establish an office would not be a dispute touching the business of society, which in the present case is transport. A scooter purchased for the office is an item of that type and the dispute is not covered by section 64 of the Act. Deccan Merchants Co-operative Bank Ltd. v. M/s. Dulichand Jugral and others, AIR 1969 SC 1320 . Ramsingh v. Assistant Registrar, Co-operative Societies and another, 1973 JLJ 255 , relied on. 2. The revision must fail on quite another ground. Shri Dharampal Sharma, the surety, is not amongst the parties considered in section 64. Had he been a surety for a member who had been granted loan by a society, he could be a party to the dispute under clause (d) of section 64 (1). But here the society is a debtor and Sharma is a third person standing surety for the society. Section 64 (1) does not cover such a surety by way of the clauses (a) to (f). A suit is against him could not go to the Registrar. Civil Court alone had jurisdiction. Revision dismissed.