1983 Supreme(AP) 186

Andhra Pradesh High Court
Judges : RAMASWAMY
R.S. Sunder Rao - Appellant
Versus
K. Rama Rao, President, Gandipuram Coop., Building Society, Gandhipuram, Rajahmundi - Respondent
C.R.P. No. 1881 & 1882/81
Decided On : 04-19-83
Advocates Appeared :
Mr. N.S. Ramachandra Murthy

Headnote:CIVIL PROCEDURE CODE, Sec 9 and AP Cooperative Societies Act Sec 91(1) - Disconnection of water supply to a house allotted to a member who let out the same to another person Civil suit filed by tenant for injunction against the Society for restoration of water supply - Not maintainable - Remedy is only to approach the Tribunal under the Act for settlement of dispute

       Held : Under Section 61(1) of the Act the language couched was “notwithstanding anything in any law for the time being in force” Thereby the Legislature intended that the jurisdiction to adjudicate the dispute between the member or a person claiming through a member and the society, which normally could have been taken cognizance of by the Civil Court, is not lifted out and entrusted to a Tribunal specially constituted under the Act

       In this case, the dispute for the supply of water to the member is a dispute touching the business of the society and therefore, this is a dispute which the tribunal viz, the arbitrator, constituted under Sec 60 read with Secs 61 and 62 in chapter VIII of the Act, in the forum to adjudicate Under these circumstances the jurisdiction of the civil court is by necessary implication taken away and vested in the arbitrator Thus, the Civil court ceases to have jurisdiction to take cognizance of the dispute

       CRP Dismissed