2025 Supreme(Online)(Mad) 71904
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY
The President – Appellant
Versus
The Deputy Registrar – Respondent
C.R.P. No. 1789 of 2022|C.R.P. No. 1792 of 2022|C.R.P. No. 1798 of 2022|C.R.P. No. 1799 of 2022|C.R.P. No. 1794 of 2022|C.R.P. No. 1793 of 2022|C.R.P. No. 1790 of 2022|C.R.P. No. 1791 of 2022
Advocates:
For the Appellants/Petitioners: S. Sathish Rajan
For the Respondents: R. Siddharth
A party cannot challenge an appellate order setting aside an award in revision if it failed to first raise a dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983; the revision is dismissed with liberty to raise such dispute.
Headnote:(A) Tamil Nadu Co-operative Societies Act, 1983 - Section 90 - Constitution of India - Article 227 - Cooperative housing society - Challenge to appellate order setting aside award - Requirement to raise dispute under Section 90 - Failure to raise dispute - Petitions dismissed with liberty to raise dispute.
(B) Revision - Scope - Party cannot challenge order setting aside award without first raising a dispute under Section 90 of the Act.
Facts of the case:
The petitioner-society had obtained an award from the Deputy Registrar. The appellate authority (Principal District Judge) set aside the award. The society filed Civil Revision Petitions under Article 227. The court noted that the facts were identical to a previous batch of petitions where the society had failed to raise a dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.
Findings of Court:
Following the earlier order, the court held that the society, not having raised a dispute under Section 90, is not entitled to challenge the order setting aside the award. The petitions were disposed of on the same terms.
Issues: Whether the society can challenge the appellate order setting aside the award without having first raised a dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.
Ratio Decidendi: The failure to invoke the statutory dispute mechanism under Section 90 precludes the society from challenging the order in revision. The remedy is to raise a dispute under that section, not to directly challenge the appellate order.
Result: Civil Revision Petitions dismissed with liberty to raise a dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, if so advised. No costs.
COMMON ORDER
When the matters came up for hearing today, the learned counsel appearing on behalf of the petitioners in these Civil Revision Petitions would fairly place on record the order of this Court in C.R.P.Nos.1951 of 2021 , etc., dated 22.04.2024.
2. While considering the similar issue, this Court had passed the following order:-
“7. In such circumstances, the petitioner-society, which failed to raise any dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, is not entitled to challenge the order passed by the Tribunal setting aside the award. Therefore, these Civil Revision Petitions are dismissed, however, with liberty to the petitioner-society to raise a dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, if so advised. No costs. Consequently, connected Miscellaneous Petitions are closed.”
3. The facts are identical in the present cases also. In view thereof, these Civil Revision Petitions are disposed of on the same terms. No costs.
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