DINESH KUMAR JAIN Vs. VANOUPAJ SAHKARI SANGH

JUDGEMENT

(1.) THIS is second appeal filed by the appellant against the order of Joint Registrar Cooperative Societies, Sagar passed in FANo. 32/ 05 on 4.5.2005.

(2.) BRIEF facts of the case are that the respondent No. 1 Vanoupaj Sahakari Sangh Maryadit, is a registered Co-operative Society u/s 9 of the Act. Its area of operation extends to south forest division District Sagar. In accordance with the provision in its Bye laws it undertakes the collection of tendu leaves and sale to the traders after storing it in a storage centre. The society has to engage transporters for this purpose. The society therefore invites tenders and in response to such call, the appellant executed a contract on 23.4.1991 for the transportation of tendu leaves from the collection centers to the Go-down through his Truck No. C.P.V. 2755. On 30.5.1991,282 bags of tendu leaves were being transported through this Truck, but it came in contact of an electrical wire and there was fire accident causing loss of Rs.1,44,862.50 for which the respondent No. 1 (society) filed a dispute u/s 64 before the Dy Registrar Co-operative Societies, Sagar. The Dy. Registrar decided the matter in favour of the respondent No. 1 against which the appellant filed First Appeal before the Joint Registrar Co-operative Societies, Sagar, which was registered as Case No. 78-137/2000. Joint Registrar in his impugned order dated 4.5.2005 has confirmed the order passed by Dy Registrar on 19.10.2000. Therefore, the appellant has preferred this Second Appeal basically on the ground that the Lower Courts did not have any jurisdiction to arbitrate the matter as the appellant as well as respondent No. 2 are not the Co-opearative Society or a member of a Co-operative society.

(3.) ON the basis of the arguments forwarded following substantial question of law was formulated for consideration :