RSA No.3040 of 2008(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3040 of 2008(O&M) Date of decision: 12.1.2009 Veer Singh ......Appellant Versus The Guru Har Sahai Primary Cooperative Agricultural Development Bank Limited ......Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Kulbhushan Soi, Advocate for the appellant. * * * Rakesh Kumar Garg, J. This second appeal is by plaintiff No.1challenging the judgment and decrees of the Courts below whereby suit for rendition of accounts and permanent injunction has been dismissed. Briefly stated, the facts of the case as culled out from the plaint are that the plaintiffs got sanctioned a loan of Rs.7,50,000/- from the defendant-Bank in the month of March, 1997 for the purchase of combine harvester. The plaintiffs deposited a sum of Rs.75,000/- as 10% of the loan amount with the defendant-Bank and thereafter, the loan amount was given to them. The plaintiffs repaid the loan amount to the extent of Rs.7,89,500/- with the defendant-Bank. The plaintiffs demanded the statement of account from the defendant-Bank but it refused to give on one pretext or the other and the officials of the Bank told the plaintiffs that an amount of Rs.6,70,000/- is still outstanding against them. The defendant- Bank was bent upon to recover the said amount through coercive methods with the help of policy for which they had got no right to do so. The plaintiffs served a notice to the defendants but in vain. Hence, the suit. RSA No.3040 of 2008(O&M) 2 Upon notice, the defendant-Bank filed written statement taking therein various preliminary objections. On merits, it was submitted that an amount of Rs.5,83,000/- as principal amount and Rs.35,472/- as interest were outstanding against the plaintiffs. The plaintiffs never approached the defendant-Bank to obtain the statement of account. The statement of account was also submitted along with written statement. Thus, dismissal of the suit was sought. After hearing the parties and considering the evidence on record, the trial Court dismissed the suit on the ground that the same is not maintainable and that the jurisdiction of the Civil Court is barred. Aggrieved by the aforesaid judgment and decree of the trial Court, one of the plaintiffs i.e present-appellant filed an appeal. The Lower Appellate Court vide impugned judgment and decree dated 15.2.2008 dismissed the appeal. Still not satisfied, the appellant has filed the present appeal challenging the judgment and decrees of the Courts below. I have heard learned counsel for the appellant. Admittedly, there is a loan transaction between the plaintiffs and the defendant-bank. It is not in dispute that the parties are governed by the provisions of Punjab Cooperative Societies Act, 1961. As per Section 55 of the Act, if any dispute arose between the Cooperative Society or its members then the matter is to be decided by the Arbitrator and jurisdiction of the Civil Court for such matters is barred under Section 82 of the said Act. Moreover, the defendant-bank has already produced the copy of statement of account of the plaintiffs in the suit file. The defendant-bank is recovering the amount as per the provisions of the Punjab Cooperative Societies Act, 1961, and as such, there cannot be any threat to recover the same illegally and forcibly. Thus, no fault can be RSA No.3040 of 2008(O&M) 3 found with the findings of the Courts below. No substantial question of law arises. No merit. Dismissed. January 12, 2009 (RAKESH KUMAR GARG) ps JUDGE