2013 Supreme(P&H) 868
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Paramjeet Singh
CR No.4678 of 2011
Punjab State Cooperative Bank Limited
v.
Amarjit Singh & Ors.
{Decided on 25/09/2013}
For the Petitioner:Mr. Parminder Singh-I, Advocate.
For the Respondents: None.
Headnote:Cooperative Societies--An Award or order duly passed under Sections 54 and 56 shall be executed as a decree of a civil court.
Punjab Cooperative Societies Act, 1961, S.55 & S.63(a)--Execution of Award--Held; From conjoint reading of Sections 55 and 63 of the Act, it transpires that once an Award is given either by the Registrar or by the Arbitrator, the same shall be deemed to be a decree of a Civil Court and shall be executed in the same manner as the decree of a civil court according to Section 63(a) of the Act--Thus, an Award or order duly passed under Sections 54 and 56 shall be executed as a decree of a civil court--Civil Procedure Code, 1908, O.21 R.11. (Para 7)
Mr. Paramjeet Singh, J.:- Instant revision petition has been filed challenging the order dated 28.04.2011 passed by learned Additional District Judge, Panchkula whereby execution application filed by the petitioner-bank under Order 21 Rule 11 CPC read with Section 63 of the Punjab Cooperative Societies Act, 1961 (in short “the Act”) has been returned to the concerned Registrar, being not maintainable.
2. I have heard learned counsel for the petitioner and perused the record.
3. Learned counsel for the petitioner has contended that under Section 63(a) of the Act, the Civil Court has the jurisdiction to execute the certificate which had been signed by the Registrar or any person authorized by him as the same is considered to be a decree of civil court. The learned counsel has further contended that the necessary certificate under Section 63 (a) of the Act was duly issued on behalf of the Registrar and the same was attached with the execution petition, therefore, the Award passed under the Act shall be deemed to be decree of a civil court and the same is liable to be executed in the same manner as decree of civil court. The learned counsel has further contended that Section 55 of the Act ousts the jurisdiction of the Civil Court to entertain any suit or pleadings in respect of disputes mentioned in clauses (a) and ( c) of sub-Section (1) of Section 55 of the Act. However, learned counsel has further contended that the dispute between the parties has already been adjudicated by the Arbitrator and the Award so passed is executable before the Civil Court in view of Section 63(a) of the Act. None has appeared on behalf of the respondents.
4. I have considered the contentions of learned counsel for the petitioner and perused the record.
5. At the outset, it would be appropriate to deal with Section 55 of the Act which lays down that notwithstanding anything contained in any law for the time being in force, a dispute touching the business of a cooperative society arising between a member and the society 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 a dispute. Section 56 of the Act lays down that the Registrar, on receipt of the reference of the dispute under Section 55 of the Act may either decide the dispute himself or transfer it for disposal to any person who has been invested with powers in that behalf or refer it for disposal to an arbitrator.
6. It would also be appropriate to reproduce Section 63 of the Act which reads as under:
“Every decision, award or order duly passed under Sections 54, 56, 62, 68 and 69 shall, if not carried out-
(a) on a certificate signed by the Registrar, or any person authorised by him in this behalf be deemed to be a decree of a civil court and shall be executed in the same manner as decree of such court; or
(b) be executed by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by the attachment and sale or by sale without attachment of any property of the person or of the cooperative society against whom the order, decision of award has been obtained or passed; or
(c) be executed according to the law for the time being in force for the recovery of arrears of land revenue: Provided that an application for the recovery of any sum in the last aforesaid manner shall be made to the Collector and shall be accompanied by a certificate signed by the Registrar or any person authorized by him this behalf.”
7. From conjoint reading of Sections 55 and 63 of the Act, it transpires that once an Award is given either by the Registrar or by the Arbitrator, the same shall be deemed to be a decree of a Civil Court and shall be executed in the same manner as the decree of a civil court according to Section 63(a) of the Act. Thus, an Award or order duly passed under Sections 54 and 56 shall be executed as a decree of a civil court.
8. In Cooperative Society of Debts v.