POONAM JWELLERS Vs. MANDASAUR COMMERCIAL COOP BANK LTD

JUDGEMENT

(1.) BEING aggrieved by the order of Joint Registrar. Cooperative Societies, Ujjain passed in case No. 78/107/2005-2006 dated 11.6.2007 appellant filed this appeal u/s. 78 (2) of M.P. Cooperative Societies Act 1960 (in short Act).

(2.) BRIEF facts giving rise to this appeal are that the Appellant has borrowed a loan from the Respondent No. 1 Bank. Due to the non payment of loan on time the respondent No. 1 filed a dispute u/s 64 of the Act before the Dy. Registrar Co-operative Societies Mandsaur, and the Dy. Registrar after hearing the case decreed the claim of the bank vide order dated 30.6.2005. The Respondent No. 1 being aggrieved by the order of the Dy. Registrar preferred an appeal before the Jt. Registrar Ujjain in which point of Jurisdiction was raised. The Jt. Registrar allowed the appeal on the ground of jurisdiction and thereby held that in view of the Notification of the State Govt. dated 26.7.99 the Dy. Registrar is not empowered to entertain a dispute u/s 64 in respect of the Respondent No. 1 which is a financing bank. Hence the appellant has filed this appeal which was admitted for final hearing on the following substantial questions of law :-

(3.) THE question required to be decided is whether the Deputy Registrar is or is not competent to decide a dispute between a financing bank and its members u/s 64 of the Act.