The jurisdiction of the civil court to entertain disputes between a member of a cooperative society and the cooperative society is barred under Section 70 of the Delhi Co-operative Societies Act, 2003.

1. Notice was issued in this appeal, but it is noted that process fee was not filed. Today appellant, who appears in person, says that she cannot file process fee for service by all modes because the appellant is not a rich person and therefore notice be only issued by one method, i.e. by process server. In view of the fact of non-filing of the process fee, I have examined the case and have gone through the judgment of the First Appellate Court and as to whether Regular Second Appeal under Section 100 CPC lies, i.e. whether or not there arises a substantial question of law under Section 100 CPC for the appeal to be entertained.

2. The judgment of the First Appellate Court shows that appellant/plaintiff filed a suit for permanent injunction against respondent No.2/Co-operative Society alleging illegal disconnection of water and electricity. Whereas the appellant/plaintiff pleads that she has paid all the charges but the Society claims that the charges are not paid. I am not going into the detailed merits of the matter, inasmuch as, the First Appellate Court has held that the disputes are between the appellant/plaintiff as a member of the Co-operative Society and the Co-operative Society, and hence the suit is barred by the provision of Section 70 of the Delhi Co-operative Societies Act, 2003.

3. The relevant paragraphs of the judgment of the First Appellate Court holding the suit to be barred on account of provision of the Delhi Co-operative Societies Act, 2003, are paragraphs 9 and 10 and which read as under:-

“9. Perusal of the suit of the plaintiff, it appears that there is a dispute of arrears of water and electricity charges between the plaintiff and society. Now, it is to be seen by this Court as to whether Learned Trial Court has correctly held that present suit is barred U/s 70 of Delhi Co-operative Societies Act, 2003 or not. Section 70 of the said Act is reproduced herein below:-

“70. Disputes which may be referred for arbitration (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co-operative society other than a dispute regarding disciplinary action taken by the cooperative society or its committee against a paid employee of the co-operative society arises –

(a) among members, past members and persons claiming through members, past members and deceased members; or

(b) between a member, past member or person claiming through a member, past member or deceased member and the co-operative society, its committee or any officer, agent or employee of the co-operative society or liquidator, past or present; or

(c) between the co-operative society or its committee and any past committee, 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, deceased agent, or deceased employee of the co-operative society; or

(d) between the co-operative society and any other co-operative society, between a co-operative society and liquidator of another co-operative society or between the liquidator of one co-operative society and the liquidator of another co-operative society; such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such disputes.

(2) If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.

(3) The Registrar shall decide the aforesaid question within a period of ninety days and in case the aforesaid question, as enumerated under sub-section (2) is not decided within the stipulated period of ninety days, the dispute shall be deemed to have been admitted under section 70 of this Act and the same shall be