Law:

Section:

(a) Punjab Cooperative Societies and Co-operative Banks (Repayment of Loans) Ordinance (XIV of 1966)-------S. 8---Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993), S.7(v)---Cooperative Societies Act (VII of 1925), S.54---Conversion of proceedings pending under Punjab Cooperative Societies and Cooperative Banks (Repayment of Loans) Ordinance, 1966 into proceedings under S.54, Co-operative Societies Act, 1925---No provision existed in Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 ousting the jurisdiction of the Secretary Co-operatives to hear appeals against the awards under S.54 of the Cooperative Societies Act, 1925. (b) Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----Ss. 7(v), 11 & 17---Punjab Co-operative Board for Liquidation can refer a case for the execution of any decree, order or Award passed in favour of an Undesirable Society to the Cooperative Judge who may dispose the same or otherwise deal with it in accordance with such procedure as may be prescribed---By no stretch of imagination can S.7(v) of the Act be extended to conferring power on the Cooperative Judge to hear the appeal against the award given by the Registrar of Co-operatives---Provision of S.11 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 provides that a person aggrieved of an act or decision of the Cooperative Board may apply to the Cooperative Judge, who may confirm, reverse or modify the act or decision complained against and make such order as he may think just in the circumstances of the case---Cooperative Judge can be approached against the act or decision of the Cooperative Board and not against the Award of the Registrar of Co-operatives. (c) Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----S. 17---Exclusive jurisdiction of the Co-operative Judge---Jurisdiction of all other Courts is ousted in respect of matter which a Co-operative Board and the Co-operative Judge is empowered to determine---Co-operative Judge has no jurisdiction to hear the appeals against the Awards pronounced by the Arbitrator---Appeal being a creation of the statute, is a substantive…

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