Appeal No 2293 of 1970
45 Appeal by special leave from the order dated May 4 1970 of the Central Registrar of Co operative Societies New Delhi in Appeal No CR170
Harbans Singh for the appellant
Remeshwar Dial and AD Mathur for the respondent
The Judgment of the Court was delivered by Sikri C J
This appeal by special leave is against the order of the Central Registrar of Cooperative Societies New Delhi dismissing the appeal filed by Panchshila Industrial Cooperative Society Multi Unit appellant before us against the award passed by the Arbitrator Deputy Registrar of Cooperative Societies Rohtak dated October 7 1969 in respect of the dispute between the Gurgaon Central Cooperative Bank Ltd Gurgaon respondent before us and the appellant
The Central Registrar held that he was not the appropriate appellate authority against the award in question
The only question which arises before us is whether the Central Registrar was the appropriate authority on the facts of this case
The relevant facts are these
The respondent Bank approached the Registrar of Cooperative Societies Haryana for resolving a dispute between the Bank and one of its members appellant before us
The Registrar by his order dated February 17 1968 in exercise of the powers vested in him under section 56 of the Punjab Co operative Societies Act 1961 referred the dispute to the Deputy Registrar Cooperative Societies Rohtak for decision
The arbitrator gave the award on October 7 1969 directing that the appellant do pay to the respondent in all Rs 1605658 20 together with interest at the rate of six and a half per cent per annum until the realisation of the principal amount viz Rs 1152535 00
The appellant as mentioned above filed an appeal against this award before the Central Registrar
The respondent Bank is a co operative society governed by the provisions of the Punjab Co operative Societies Act 1961
Section 551 of this Act inter alia provides that if any dispute touching the constitution management or the business of a co operative society arises between a member 46 and the society such dispute shall be referred to the Re gistrar for decision and no Court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute
Section 552 provides that for the purposes of sub section 1 a claim by the society for any debt or de mand due to it from a member or the nominee heirs or legal representatives of a deceased member whether such debt or demand be admitted or not shall be deemed to be a dispute touching the constitution management or the business of the co operative society
Sub section 3 of section 55 provides that 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 cooperative society the decision thereon of the Registrar shall be final and shall not be called in question in any court
 There is no doubt that the dispute between the respondent Bank and the appellant fell within section 55 and was properly referred to arbitration under that section
It is however contended that the appellant was registered in December 1955 under the Punjab Cooperative Societies Act 1955 and by virtue of the  and section 5A of the Multi Unit Co operative Societies Act 1942 the appellant has ceased to be governed by the provisions of the Punjab Co operative Societies Act because it has become a multi unit co operative society
There is no doubt that by virtue of the  and section 5A of the Multi Unit Co operative Societies Act 1942 the appellant has become a multi unit co operative society and the Multi Unit Co operative Societies Act applies to it
But that Act is for the incorporation regulation and winding up of co operative societies with objects not confined to one State and it has no impact on section 55 of the Punjab Co operative Societies Act 1961 inasmuch as the appellant remains a member of the co operative society namely the respondent Bank
There is nothing in the provisions of the Multi Unit Co operative Societies Act to indicate that a multi unit co operative society cannot be a member of a co operative society governed by the Punjab Act of 1961
If the appellant continues to be a member then the terms of section 55 apply and a dispute can be referred to arbitration under that section
An appeal against the at award lies under section 68 of the Punjab Act of 47 1961 to the Government of the decision or order was made by the Registrar and to the Registrar if the decision or order was made by any other person
It is quite clear therefore that the Central Registrar had no jurisdiction to hear the appeal
The learned counsel next contends that the Central Registrar should not have dismissed the appeal but returned the memorandum of appeal for presentation to the proper authority
There is no statutory provision enabling the Central Registrar to do so
At any rate if an appeal is filed before the appropriate authority under the Punjab Co operative Societies Act 1961 that authority will no doubt take into consideration the provisions of section 14 of the  read with section 292 and decide whether the appeal should be entertained or not
In the result the appeal fails and is dismissed with costs
KBN Appeal dismissed


Summary:
The respondent bank is a co operative society governed by the Punjab Co operative Societies Act 1961
A dispute between the bank and the appellant one of its members was referred by the Registrar of Co operative Societies in exercise of the powers vested in him by section 55 of the Act to the Deputy Registrar Co operative Societies for arbitration
The appellant filed an appeal against the award before the Central Registrar of Co operative Societies
The Central Registrar dismissed the appeal holding that he was not the appropriate appellate authority under the Act
In appeal to this Court the appellant con tended that it was registered in 1955 under the Punjab Co operative Societies Act 1955 and by virtue of the and section 5A of the Multi Unit Co operative Societies Act 1942 it had ceased to be governed by the provisions of the Punjab Co operative Societies Act because it had become a multi unit co operative Society
Dismissing the appeal HELD  There is nothing in the provisions of the Multi unit Cooperative Societies Act to indicate that a multi unit co operative society cannot be a member of a co operative society governed by the Punjab Act of 1961
The multi unit co operative societies Act is for the incorporation regulation and winding up of co operative societies with objects not confined to one State and it has no impact on section 55 of the Punjab Co operative Societies Act 1961 in as much as the appellant remains a member of the Co operative Society namely the respondent bank
If the appellant continues to be a member then the terms of section 55 apply and a dispute can be referred to arbitration under that section
An appeal against that award lies under section 68 of the Punjab Act of 1961 to the government if the decision or order was made by the Registrar and to the Registrar if the decision or order is made by any other person
Therefore the Central Registrar had no jurisdiction to hear the appeal