NDLI: Jai Mahavir Co-operative Housing Society Ltd. Vs. Panchal Keshavlal Narbheram & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Gujarat Co-operative Societies Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Gujarat Co-operative Societies Act, 1961 (10 of 1962)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Gujarat Co-operative Societies Act, 1961-Sections 96 and 150- Order passed by the Registrar-Whether subject to revision by Tribunal-Whether Registrar competent to review his earlier decision. The first respondent instituted a proceeding under Section 96(1) of the Gujarat Cooperative. Societies Act, 1961, for setting aside the Resolution, expelling him from the membership or the appellant Society. The said resolution had been duly approved by the Registrar or societies under Section 36 or the· Act. The dispute was referred by the Registrar under Section 98(1) or the Act to his nominee for a decision, who dismissed the claim. The Tribunal allowed the appeal or first respondent and remanded the matter to the Registrar's noninee for a fresh decision. During the trial, upon an application made by the appellant Society under sub-section (2) or Section 96 that the dispute did not survive as the expulsion had already been decided in the collateral proceedings and the Registrar had accorded his approval under Section 36 or the Act, the District Registrar held that the first respondent was precluded from contending that the lmpugned Resolution was illegal since he had no preferred any appeal against the approval by the Registrar, that the doctrine of res judicata was attracted and, therefore, there was no dispute in existence between the parties.This order was taken up in revision under Section 150 sub-clause (9) of the Act before the Tribunal, which held that the District Registrar had no jurisdiction to re-open the question as to whether or not the matter referred by first respondent was a dispute within the meaning or sub-section (1) or Section 96 at the subsequent stage, and having already decided that the matter constituted a dispute under Section 96(1) at an earlier stage, the powers under sub-section (2) or Section 96 were exhausted and he was not competent to review his earlier decision. In appeal, the High Court held that the Tribunal was right in holding that the Registrar had no jurisdiction to revise or review his earlier decision that the dispute raised by the first respondent fell within the ambit of the description of dispute within the meaning of sub-section (1) of Section 96, and that it had revisional jurisdiction; and also granted special leave to appeal. In appeal before this Court, it was contended on behalf of the appellant that when a dispute was referred to the Registrar, and he ultimately gave a decision on merits it was no doubt appealable but when the Registrar entertained the dispute and sent it to his nominee, that was an order against which a revision lay to the Tribunal.
Judge	Hon'ble Mr. Justice G.L. Oza
Neutral Citation	1987 INSC 102
Petitioner	Jai Mahavir Co-operative Housing Society Ltd.
Respondent	Panchal Keshavlal Narbheram & Ors.
SCR	[1987] 2 S.C.R. 894
Judgement Date	1987-04-10
Case Number	1583

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Jai Mahavir Co-operative Housing Society Ltd. Vs. Panchal Keshavlal Narbheram & Ors.

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