M.SurendranProprietor v. Arbitrator,D.R.of Co-op Societies
Case brief
What is this about?
The Full Bench held that recovery of debts exceeding Rs. 10 lakhs due to a Cooperative Bank falls exclusively within the Union legislative field of 'Banking'. Consequently, Tribunals under the 1993 Act have sole jurisdiction; the Registrar under the 1964 Act lacks authority. Sections 61 and 71 of the 1964 Act were read down to exclude such jurisdiction.
What did the court decide?
Director, the Registrar has no jurisdiction to entertain claims for recovery of debts exceeding Rs. 10 lakhs due to Cooperative Banks; the Tribunals under the 1993 Act have exclusive jurisdiction.