C JANAKIRAMAN Vs. A ARUNKUMAR

JUDGEMENT

(1.) C.R.P. No. 1898 of 2011 has been filed by the Defendants in O.S. No. 4174 of 2011 on the file of III Assistant Judge, City Civil Court, Madras, to strike off the plaint filed by the Respondent herein/Plaintiff in the said suit. Similarly, C.R.P. No. 1899 of 2011 has been filed by the Defendants in O.S. No. 3452 of 2011 on the file of II Assistant Judge, City Cvil Court, Madras, to strike off the plaint filed by the same Respondent herein/Plaintiff in the said suit.

(2.) The brief facts, which are necessary to dispose of both the civil revision petitions, are as follows:

(3.) Learned Senior Counsel appearing for the revision Petitioners submitted that the objects of the Co-operative Societies are not confined to one State. They are governed by the Multi-State Co-operative Societies Act, 2002. The Tamil Nadu Circle Postal Co-operative Bank Limited is governed by the said Act. As per Section 84 of the said Act, any dispute, touching the constitution, management or business of a Multi-State Cooperative Society, arises among members, past members or deceased members, shall be referred to arbitration. Section 84(2)(c) clearly says that, any dispute arising in connection with the election of any officer of a multi-State Cooperative Society has to be referred to Arbitration. Under Section 117, there is a bar of jurisdiction of courts. Above all, as per Section 115, 90 days' notice is mandatory before filing the suit. Hence, even assuming that the issue raised in the suits will not fall within the purview of Section 84, both the suits are not maintainable for want of statutory notice. Moreover, unlike Section 80(2) of C.P.C, there is no provision to obtain the leave of the court without serving statutory notice. Therefore, under Section 115, notice is mandatory. In the instant case, absolutely, no statutory notice was issued by the Plaintiff. Therefore, on that ground also, the plaints are liable to be rejected. The learned senior counsel for the Petitioner has also relied upon the decisions reported in Bannari Amman Sugars Ltd., rep.by Its Chairman.v. R. Sakthivel, 2008 1 CTC 288 and Southern and Rajamani Transport Pvt. Ltd., rep.by Its Director v. R. Srinivasan and Ors., 2010 4 CTC 690 in support of his submissions.