Applicability of Limitation Act 1963 on reference of disputes to Arbitrator under specific Provisions of MSCS Act-2002. Correct Legal Opinion solicited.
1. Section 84(4) provides for appointment of Arbitrator by Central Registrar who can decided disputes falling under Section 84(1)
2. Question is under Section 84(1) in which category dispute between MSCS and Principal Debtor falls? Sub section (b) of Section (1) highlighted appears most likely category.
3. Similarly, under Section(84) sub Section 2(a), Debt claim by MSCS against member highlighted.
4. If above two categories are correct then under Section 85, describing application of Limitation Act 1963, subject to specific provisions made under MCS Act 2002,
The sub section(b) of Section (1) applies which refers to Limitation of referring dispute to Arbitration with in six years of the date the dispute arose. Hence reference of dispute to the Arbitrator by the Bank after 12-13 years time barred. Is this correct?
84. Reference of disputes
(1) Notwithstanding anything contained in any other law for the time
being in force, if any dispute [other than a dispute regarding
disciplinary action taken by a multi-state cooperative society against
its paid employee or an industrial dispute as defined in clause (k) of
section 2 of the Industrial Disputes Act, 1947 (14 of 1947)] touching
the constitution, management or business of a multi-state
cooperative society arises-
(a) among members, past members and persons claiming through
members, past members and deceased members, or
(b) between a member, past members and persons claiming
through a member, past member or deceased member and the
multi-state cooperative society, its board or any officer, agent or
employee of the multi-state cooperative society or liquidator,
past or present, or
(c) between the multi-state cooperative society or its board and any
past board, any officer, agent or employee, or any past officer,
past agent or past employee, heirs or legal representatives of
any deceased officer, deceased agent or deceased employee
of the multi-state cooperative society, or
(d) between the multi-state cooperative society and any other multistate
cooperative society, between a multi-state cooperative
society and liquidator of another multi-state cooperative society
or between the liquidator of one multi-state cooperative society
and the liquidator of another multi-state cooperative society,
such dispute shall be referred to arbitration.
(2) For the purposes of sub-section (1), the following shall be deemed
to be disputes touching the constitution, management or business
of a multi-state cooperative society, namely:-
(a) a claim by the multi-state cooperative society for any debt or
demand due to it from a member or the nominee, heirs or legal
representatives of a deceased member, whether such debt or
demand be admitted or not;
(b) a claim by a surety against the principal debtor where the multistate
cooperative society has recovered from the surety any
amount in respect of any debt or demand due to it from the
principal debtor as a result of the default of the principal debtor,
whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of any officer
of a multi-state cooperative society.
(3) If any question arises whether a dispute referred to arbitration under
this section is or is not a dispute touching the constitution,
management or business of a multi-state cooperative society, the
decision thereon of the arbitrator shall be final and shall not be
called in question in any court.
(4) Where a dispute has been referred to arbitration under sub-section
(1), the same shall be settled or decided by the arbitrator to be
appointed by the Central Registrar.
(5) Save as otherwise provided under this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all
arbitration under this Act as if the proceedings for arbitration were
referred for settlement or decision under the provisions of the
Arbitration and Conciliation Act, 1996.
85. Limitation
(1) Notwithstanding anything contained in the Limitation Act, 1963, but
subject to the specific provisions made in this Act, the period of
limitation in the case of a dispute referred to arbitration shall,-
(a) when the dispute relates to the recovery of any sum including
interest thereon due to a multi-state cooperative society by a
member thereof, be computed from the date on which such
member dies or ceases to be a member of the society;
(b) save as otherwise provided in clause (c), when the dispute
relates to any act or omission on the part of any of the parties
referred to in clause (b) or clause (c) or clause (d) of subsection
(1) of section 84, be six years from the date on which
the act or omission, with reference to which the dispute arose,
took place;
(c) when the dispute is in respect of an election of an officer of a
multi-state cooperative society, be one month from the date of
the declaration of the result of the election.
(2) The period of limitation in the case of any dispute, except those
mentioned in sub-section (1), which are required to be referred to
arbitration shall be regulated by the provisions of the Limitation Act,
1963 (36 of 1963), as if the dispute were a suit and the arbitrator a
civil court.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
arbitrator may admit a dispute after the expiry of the period of
limitation, if the applicant satisfies the arbitrator that he had
sufficient cause for not referring the dispute within such period.
1. Section 84(4) provides for appointment of Arbitrator by Central Registrar who can decided disputes falling under Section 84(1)
2. Question is under Section 84(1) in which category dispute between MSCS and Principal Debtor falls? Sub section (b) of Section (1) highlighted appears most likely category.
3. Similarly, under Section(84) sub Section 2(a), Debt claim by MSCS against member highlighted.
4. If above two categories are correct then under Section 85, describing application of Limitation Act 1963, subject to specific provisions made under MCS Act 2002,
The sub section(b) of Section (1) applies which refers to Limitation of referring dispute to Arbitration with in six years of the date the dispute arose. Hence reference of dispute to the Arbitrator by the Bank after 12-13 years time barred. Is this correct?
84. Reference of disputes
(1) Notwithstanding anything contained in any other law for the time
being in force, if any dispute [other than a dispute regarding
disciplinary action taken by a multi-state cooperative society against
its paid employee or an industrial dispute as defined in clause (k) of
section 2 of the Industrial Disputes Act, 1947 (14 of 1947)] touching
the constitution, management or business of a multi-state
cooperative society arises-
(a) among members, past members and persons claiming through
members, past members and deceased members, or
(b) between a member, past members and persons claiming
through a member, past member or deceased member and the
multi-state cooperative society, its board or any officer, agent or
employee of the multi-state cooperative society or liquidator,
past or present, or
(c) between the multi-state cooperative society or its board and any
past board, any officer, agent or employee, or any past officer,
past agent or past employee, heirs or legal representatives of
any deceased officer, deceased agent or deceased employee
of the multi-state cooperative society, or
(d) between the multi-state cooperative society and any other multistate
cooperative society, between a multi-state cooperative
society and liquidator of another multi-state cooperative society
or between the liquidator of one multi-state cooperative society
and the liquidator of another multi-state cooperative society,
such dispute shall be referred to arbitration.
(2) For the purposes of sub-section (1), the following shall be deemed
to be disputes touching the constitution, management or business
of a multi-state cooperative society, namely:-
(a) a claim by the multi-state cooperative society for any debt or
demand due to it from a member or the nominee, heirs or legal
representatives of a deceased member, whether such debt or
demand be admitted or not;
(b) a claim by a surety against the principal debtor where the multistate
cooperative society has recovered from the surety any
amount in respect of any debt or demand due to it from the
principal debtor as a result of the default of the principal debtor,
whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of any officer
of a multi-state cooperative society.
(3) If any question arises whether a dispute referred to arbitration under
this section is or is not a dispute touching the constitution,
management or business of a multi-state cooperative society, the
decision thereon of the arbitrator shall be final and shall not be
called in question in any court.
(4) Where a dispute has been referred to arbitration under sub-section
(1), the same shall be settled or decided by the arbitrator to be
appointed by the Central Registrar.
(5) Save as otherwise provided under this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all
arbitration under this Act as if the proceedings for arbitration were
referred for settlement or decision under the provisions of the
Arbitration and Conciliation Act, 1996.
85. Limitation
(1) Notwithstanding anything contained in the Limitation Act, 1963, but
subject to the specific provisions made in this Act, the period of
limitation in the case of a dispute referred to arbitration shall,-
(a) when the dispute relates to the recovery of any sum including
interest thereon due to a multi-state cooperative society by a
member thereof, be computed from the date on which such
member dies or ceases to be a member of the society;
(b) save as otherwise provided in clause (c), when the dispute
relates to any act or omission on the part of any of the parties
referred to in clause (b) or clause (c) or clause (d) of subsection
(1) of section 84, be six years from the date on which
the act or omission, with reference to which the dispute arose,
took place;
(c) when the dispute is in respect of an election of an officer of a
multi-state cooperative society, be one month from the date of
the declaration of the result of the election.
(2) The period of limitation in the case of any dispute, except those
mentioned in sub-section (1), which are required to be referred to
arbitration shall be regulated by the provisions of the Limitation Act,
1963 (36 of 1963), as if the dispute were a suit and the arbitrator a
civil court.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
arbitrator may admit a dispute after the expiry of the period of
limitation, if the applicant satisfies the arbitrator that he had
sufficient cause for not referring the dispute within such period.
1. Section 84(4) provides for appointment of Arbitrator by Central Registrar who can decided disputes falling under Section 84(1)
2. Question is under Section 84(1) in which category dispute between MSCS and Principal Debtor falls? Sub section (b) of Section (1) highlighted appears most likely category.
3. Similarly, under Section(84) sub Section 2(a), Debt claim by MSCS against member highlighted.
4. If above two categories are correct then under Section 85, describing application of Limitation Act 1963, subject to specific provisions made under MCS Act 2002,
The sub section(b) of Section (1) applies which refers to Limitation of referring dispute to Arbitration with in six years of the date the dispute arose. Hence reference of dispute to the Arbitrator by the Bank after 12-13 years time barred. Is this correct?
84. Reference of disputes
(1) Notwithstanding anything contained in any other law for the time
being in force, if any dispute [other than a dispute regarding
disciplinary action taken by a multi-state cooperative society against
its paid employee or an industrial dispute as defined in clause (k) of
section 2 of the Industrial Disputes Act, 1947 (14 of 1947)] touching
the constitution, management or business of a multi-state
cooperative society arises-
(a) among members, past members and persons claiming through
members, past members and deceased members, or
(b) between a member, past members and persons claiming
through a member, past member or deceased member and the
multi-state cooperative society, its board or any officer, agent or
employee of the multi-state cooperative society or liquidator,
past or present, or
(c) between the multi-state cooperative society or its board and any
past board, any officer, agent or employee, or any past officer,
past agent or past employee, heirs or legal representatives of
any deceased officer, deceased agent or deceased employee
of the multi-state cooperative society, or
(d) between the multi-state cooperative society and any other multistate
cooperative society, between a multi-state cooperative
society and liquidator of another multi-state cooperative society
or between the liquidator of one multi-state cooperative society
and the liquidator of another multi-state cooperative society,
such dispute shall be referred to arbitration.
(2) For the purposes of sub-section (1), the following shall be deemed
to be disputes touching the constitution, management or business
of a multi-state cooperative society, namely:-
(a) a claim by the multi-state cooperative society for any debt or
demand due to it from a member or the nominee, heirs or legal
representatives of a deceased member, whether such debt or
demand be admitted or not;
(b) a claim by a surety against the principal debtor where the multistate
cooperative society has recovered from the surety any
amount in respect of any debt or demand due to it from the
principal debtor as a result of the default of the principal debtor,
whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of any officer
of a multi-state cooperative society.
(3) If any question arises whether a dispute referred to arbitration under
this section is or is not a dispute touching the constitution,
management or business of a multi-state cooperative society, the
decision thereon of the arbitrator shall be final and shall not be
called in question in any court.
(4) Where a dispute has been referred to arbitration under sub-section
(1), the same shall be settled or decided by the arbitrator to be
appointed by the Central Registrar.
(5) Save as otherwise provided under this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all
arbitration under this Act as if the proceedings for arbitration were
referred for settlement or decision under the provisions of the
Arbitration and Conciliation Act, 1996.
85. Limitation
(1) Notwithstanding anything contained in the Limitation Act, 1963, but
subject to the specific provisions made in this Act, the period of
limitation in the case of a dispute referred to arbitration shall,-
(a) when the dispute relates to the recovery of any sum including
interest thereon due to a multi-state cooperative society by a
member thereof, be computed from the date on which such
member dies or ceases to be a member of the society;
(b) save as otherwise provided in clause (c), when the dispute
relates to any act or omission on the part of any of the parties
referred to in clause (b) or clause (c) or clause (d) of subsection
(1) of section 84, be six years from the date on which
the act or omission, with reference to which the dispute arose,
took place;
(c) when the dispute is in respect of an election of an officer of a
multi-state cooperative society, be one month from the date of
the declaration of the result of the election.
(2) The period of limitation in the case of any dispute, except those
mentioned in sub-section (1), which are required to be referred to
arbitration shall be regulated by the provisions of the Limitation Act,
1963 (36 of 1963), as if the dispute were a suit and the arbitrator a
civil court.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
arbitrator may admit a dispute after the expiry of the period of
limitation, if the applicant satisfies the arbitrator that he had
sufficient cause for not referring the dispute within such period.
1. Section 84(4) provides for appointment of Arbitrator by Central Registrar who can decided disputes falling under Section 84(1)
2. Question is under Section 84(1) in which category dispute between MSCS and Principal Debtor falls? Sub section (b) of Section (1) highlighted appears most likely category.
3. Similarly, under Section(84) sub Section 2(a), Debt claim by MSCS against member highlighted.
4. If above two categories are correct then under Section 85, describing application of Limitation Act 1963, subject to specific provisions made under MCS Act 2002,
The sub section(b) of Section (1) applies which refers to Limitation of referring dispute to Arbitration with in six years of the date the dispute arose. Hence reference of dispute to the Arbitrator by the Bank after 12-13 years time barred. Is this correct?
84. Reference of disputes
(1) Notwithstanding anything contained in any other law for the time
being in force, if any dispute [other than a dispute regarding
disciplinary action taken by a multi-state cooperative society against
its paid employee or an industrial dispute as defined in clause (k) of
section 2 of the Industrial Disputes Act, 1947 (14 of 1947)] touching
the constitution, management or business of a multi-state
cooperative society arises-
(a) among members, past members and persons claiming through
members, past members and deceased members, or
(b) between a member, past members and persons claiming
through a member, past member or deceased member and the
multi-state cooperative society, its board or any officer, agent or
employee of the multi-state cooperative society or liquidator,
past or present, or
(c) between the multi-state cooperative society or its board and any
past board, any officer, agent or employee, or any past officer,
past agent or past employee, heirs or legal representatives of
any deceased officer, deceased agent or deceased employee
of the multi-state cooperative society, or
(d) between the multi-state cooperative society and any other multistate
cooperative society, between a multi-state cooperative
society and liquidator of another multi-state cooperative society
or between the liquidator of one multi-state cooperative society
and the liquidator of another multi-state cooperative society,
such dispute shall be referred to arbitration.
(2) For the purposes of sub-section (1), the following shall be deemed
to be disputes touching the constitution, management or business
of a multi-state cooperative society, namely:-
(a) a claim by the multi-state cooperative society for any debt or
demand due to it from a member or the nominee, heirs or legal
representatives of a deceased member, whether such debt or
demand be admitted or not;
(b) a claim by a surety against the principal debtor where the multistate
cooperative society has recovered from the surety any
amount in respect of any debt or demand due to it from the
principal debtor as a result of the default of the principal debtor,
whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of any officer
of a multi-state cooperative society.
(3) If any question arises whether a dispute referred to arbitration under
this section is or is not a dispute touching the constitution,
management or business of a multi-state cooperative society, the
decision thereon of the arbitrator shall be final and shall not be
called in question in any court.
(4) Where a dispute has been referred to arbitration under sub-section
(1), the same shall be settled or decided by the arbitrator to be
appointed by the Central Registrar.
(5) Save as otherwise provided under this Act, the provisions of the
Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all
arbitration under this Act as if the proceedings for arbitration were
referred for settlement or decision under the provisions of the
Arbitration and Conciliation Act, 1996.
85. Limitation
(1) Notwithstanding anything contained in the Limitation Act, 1963, but
subject to the specific provisions made in this Act, the period of
limitation in the case of a dispute referred to arbitration shall,-
(a) when the dispute relates to the recovery of any sum including
interest thereon due to a multi-state cooperative society by a
member thereof, be computed from the date on which such
member dies or ceases to be a member of the society;
(b) save as otherwise provided in clause (c), when the dispute
relates to any act or omission on the part of any of the parties
referred to in clause (b) or clause (c) or clause (d) of subsection
(1) of section 84, be six years from the date on which
the act or omission, with reference to which the dispute arose,
took place;
(c) when the dispute is in respect of an election of an officer of a
multi-state cooperative society, be one month from the date of
the declaration of the result of the election.
(2) The period of limitation in the case of any dispute, except those
mentioned in sub-section (1), which are required to be referred to
arbitration shall be regulated by the provisions of the Limitation Act,
1963 (36 of 1963), as if the dispute were a suit and the arbitrator a
civil court.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
arbitrator may admit a dispute after the expiry of the period of
limitation, if the applicant satisfies the arbitrator that he had
sufficient cause for not referring the dispute within such period.
