The jurisdiction of Civil Courts is ousted in disputes concerning cooperative societies, which must be adjudicated by the Registrar according to Section 102 of the West Bengal Cooperative Societies Act, 2006.

JUDGMENT :

(Harish Tandon, J.)

While assailing the judgment of the High Court, the appellant tried to interpret of provisions of law enunciated in a plethora of judgments rendered by this Court concerning an issue raised in the instant appeal.

2. Before we proceed to deal with the points urged by the appellant, it would be profitable to narrate the salient facts involved in the instant litigation which are more or less undisputed.

3. The appellant is a partnership firm and is engaged in the business of construction in the housing sector. The respondent is a housing society registered under the West Bengal Housing Society Cooperative Act and purchased the land from the West Bengal Housing Infrastructure Development Corporation for setting up the housing society with an intent to provide the residential units to each of its members. An agreement was entered into on 25th January, 2017 between the appellant and the respondent for construction of the housing complex to cater the residential need of the members of the housing cooperative society on a consideration as mentioned therein. Upon completion of the construction the dispute arose in relation thereto and certain RA Bills which were submitted by the appellant remained unpaid. The suit was instituted for recovery of the said amount together with an interest and the damages which the appellant allegedly suffered because of the non-payment of the dues.

4. The respondent appeared and took a plea of demurer in taking out an application under Order 7 Rule 11 (d) of the Code of Civil Procedure seeking rejection of the plaint solely on the ground that the jurisdiction of the Civil Court is expressly ousted in relation to the nature of the dispute raised in the plaint by virtue of the provision contained in Section 102 (1) (d) and Section 102 (4) of the West Bengal Cooperative Society Act. The Trial Court rejected the plaint on the ground that the moment the jurisdiction of the Civil Court is ousted by an expressed provision in the statute, the Civil Court is denuded of its jurisdiction to adjudicate the disputes raised therein. It would be relevant to refer and understand the provision contained in Section 102 of the said Act which runs thus:

“102. Disputes to be filed before Registrar.- (1) Any dispute concerning the management or business or affairs of a Co-operative society other than the dispute relating to election in a Co-operative society as and when such election is conducted by the Co-operative Election Commission and disciplinary action taken by Cooperative society against its paid employees regarding the terms and conditions of the service shall be filed before the Registrar for settlement if it arises-

(a) among members, past members and persons claiming through members and deceased members or then sureties: or

(b) between member, past member or a person claiming through a member, past member or deceased member representing through heirs or legal representatives and the Co-operative society, its board or any officer, agent or employees of the Co-operative society or liquidator, past or present; or

(c) between the Co-operative society or its board and any past board, any officer, agent or employee or any past officer, past agent; or past employee or the nominee, heirs or legal representatives of any deceased officer or deceased employee of the Co-operative society; or

(d) between two Co-operative society or between a Co-operative society and a liquidator of another Co-operative or between liquidator of two different Co-operative or between a Co-operative society and any person having transaction with it or between a Co-operative society and its financing bank.

(2) Any dispute mentioned in sub-section (1) other than a dispute relating to recovery of money shall be filed before the Registrar within three months from the date on which the cause of action arises.

(3) Notwithstanding anything contained in this section or in any other law for the time being in force. the Registrar may adm