Case: Nayagarh Co-Operative Central Bank Limited Vs. Shri Narayana Rath &amp; Others

2. The appellant in all these appeals, NayagarhCentral Bank Ltd., is registered as asociety under the Act and has among its objects, raising funds for financingsocieties registered under the Act and affiliated to it, besides carrying on the general business of a bank. Three suchsocieties had applied to the appellant bank for loans and on the recommendation of the first respondent in these appeals, who at the relevant time was employed as Secretary of the Bank, various sums were advanced to thesesocieties; Rs. 61, 420 to Krishna PrasadSociety, Rs. 3, 52, 490 to SinghaparaSociety, Rs. 1, 35, 315 to Kaijhar Gram PanchayatGrain Golla Credit and Society. Attempts to recover the loans advanced to the aforesaid societies having failed, the appellant bank referred the disputes concerning the said transactions to arbitration under Section 68 of the Act praying for an award in each case against the indebted society, itsand the first respondent in the appeals before us, jointly and severally.

Reasoning: We do not propose to consider the merits of this contention because of(4) of Section 68 which says :(4) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a society, the decision thereon of the Registrar shall be final and shall not be called in question in any court.In view of the provisions of Section 68 (4) we think that this is a matter which the Registrar must decide before the writ jurisdiction of the High Court is allowed to be invoked.