SCHEDULE

Settlement of Disputes
Reference of Dispute
(1)
A reference to the Registrar of any dispute under sub-section
(69) of this Act shall be in writing. The following information shall be
given in the plaint:
(i)
(ii)
(iii)
(iv)
(v)

the name of the Court in which the plaint is filed;

the name of the plaintiff and the address;
the names of the defendants or respondents and their
addresses;
the nature of the dispute in brief;
the remedy sought.

Along with the plaint, the following also shall be sent:

(i)
(ii)
(iii)
(iv)
(v)
(vi)

resolution of the Board of the Co-operative Society

referring the dispute to the Registrar;
name of the officer authorized by the byelaws of the Cooperative Society to file the dispute;
a copy of the bond executed by the defendant;
a copy of the defendants loan account from the loan
ledger certified in accordance with the provisions of this
Act/byelaws;
the challan for the remittance of necessary arbitration fee
into the treasury;
as many copies of the plaints as there are defendants;

The plaint need give only briefly material facts which the plaintiff
is entitled to prove in the trial but not the evidence relied upon
by the plaintiff to prove the facts or law.
The word Dispute is not defined in the Act. However, an explanation
given under the section that the claim filed under this section; for any
debt or demand irrespective of the fact whether such debt or demand
is admitted or not, is a dispute.
In the case of elections to the Board of a Co-operative Society, a
dispute does not arise until the declaration of the result of election.
The Registrar has to decide for the purpose of this section,
whether any dispute is one touching the constitution of the Board or
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the management or the business of the Co-operative Society and

whether any person is or was a member of the Co-operative Society or
not. The only dispute excluded from the purview of this section is a
dispute regarding disciplinary action taken by a
Co-operative
Society or its Board against a paid servant of the Co-operative Society.
By implication, all other disputes touching the business of the
Co-operative Society will have to be referred to the Registrar section
(9) of the Civil Procedure Code states The Court shall (subject to the
provision and herein contained) have jurisdiction to try all suits of a
civil nature excepting suits of which their cognizance is either
expressed or implied by, barred. Thus there is nothing to prevent the
Registrar from dealing with a dispute between parties as to a decretal
debt.
The business of the Co-operative Society is the carrying out the
objects of the Co-operative Society and all things done to carry out the
objects which are incidental are also the business of the Co-operative
Society. All that is permitted to be done by the byelaws which are
intravires of the Act and its provisions must be deemed to be
business of the Co-operative Society.
The Registrar deciding the dispute and any subordinate of the
Registrar to whom a dispute is transferred and empowered to dispose
of it should not style themselves as arbitrators. They should designate
themselves as Deputy Registrars or Assistant Registrars. The word
award is used in the case of a decision by an arbitrator and the words
decree decision order in the case of a dispute decided by others.

Period of Limitation
(2)
The period of limitation for referring a dispute mentioned in para
(1) above shall be regulated by the provisions of the Indian Limitation
Act, 1963 (Central Act 36 of 1963) as if the dispute were a suit and the
Registrar of a Civil Court.
Provided that the dispute between (i) the Co-operative Society,
its Committee and the parties mentioned in sub-section (i)(c) of section
(69) shall be referred to the Registrar within six years from the date on
which the act or omission with reference to which the dispute arose
took place.
Provided further that a dispute relating to or in connection with
any election of an officer of a Co-operative Society shall be referred to
the competent authority within one month from the date of declaration
of result of such election.
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(3)
Where on receipt of a reference under para (1) above, the
Registrar decides to refer it for disposal by arbitration the reference
shall be made to an arbitrator appointed by the Registrar.
(4)
The arbitrator, so appointed shall fix the date, the time and place
for hearing of the dispute and issue summons to the parties including
the plaintiff. Summons are also sent to the plaintiffs and defendants
witnesses. A copy of the plaint shall be sent to the defendant and his
witnesses along with summons.

Mode of service of summons

Every summon issued under this Act shall be in writing, shall be
authenticated by the seal, if any, of the person issuing and shall be
signed by such person or by any one authorized by him in writing. It
shall require the person summoned to appear before the officer issuing
it on a stated date, time and place and specify whether his attendance
is required for the purpose of giving evidence or to produce a
document which shall be described with reasonable accuracy, or for
both purposes.
Any person may be summoned to produce a
document, without being summoned to give evidence and if he
arranges to produce the document he shall be deemed to have
complied with the summons.
Summons may be served on any person in any one of the
following ways namely:(a) by giving or tendering to such person; or
(b)or if such person is not found, by, leaving it at his last known
abode or business by giving or tendering it to some adult
member of his family; or
(c) if the address of such person is known, by sending it to him by
Registered Post; or
(d)if none of the means aforesaid is available, by affixing it in
some conspicuous part of his last known place of abode or
business.
Where the serving officer delivers or tenders a copy of the
summons to a person personally or to an agent or other person
on his behalf, he shall require the signature of the person to
whom the copy is so delivered or tendered, to an
acknowledgement of service endorsed on the original summons.
He shall also endorse on the original summons a return stating
the time when and the manner in which the summon was served
and the name and address of the person (if any) identifying the
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person served and witnessing the delivery or tender of the

summons.

Officer authorized to decide disputes

Persons authorized to decide disputes have the power to
administer oaths to the parties to the disputes and to the witnesses.
According to section 7 of the Oaths Act, 1873, oath has to be
administered in the manner determined by the High Court from time to
time.
Form of affirmation:
The witness shall say as follows:I solemnly affirm in the presence of
Almighty God that the evidence, I shall give to the Court, arbitrator,
touching the matters in question shall be truth, the whole truth and
nothing but truth.
or
Those who do not accept the above form of oath may be
administered oath as follow:I solemnly, sincerely and truly
declare and affirm that the evidence I shall give to the Court,
arbitrator, touching the matters in question, shall be truth, the whole
truth and nothing but truth.
Solemn affirmation is also an oath. According to section 51 of
Indian Penal Code, the word oath includes a solemn affirmation
substituted by law for an oath.
Refusing oath or affirmation when duly required by a Public
servant to make it is an offence under section 178 of Indian Penal Code
and is punishable. Giving false statement on oath or affirmation to a
public servant is an offence under section 181 of Indian Penal Code
and is punishable.
Form of oath:
(1)
The witness shall stand up raise his right hand above his head
while repeating the following words:-

I swear by Almighty God, that the

evidence
I shall give to the Court (arbitrator) touching the matters
in question, shall be truth, and nothing but truth.
Form of oath
The witness shall hold a copy of the scripture in his right hand, and
shall kiss the book after the words following have been pronounced by
the officer administering the oath.
. Evidence you shall give to the Court
touching the matters in question, shall be truth, the whole truth
and nothing but truth, so help you God.

Hearing of the dispute

At the first hearing, after reading the plaint and the written
statements and after such examination of the parties as may be
necessary, officer deciding the dispute has to frame issues on which
the right decision of the case appears to depend. No issues need be
framed when the defendant makes no defence. In simple cases also
framing of issues is necessary.
If the parties do not appear on the date of hearing, the suit may
be dismissed. When the plaintiff appears and the defendants do not
appear, the court may proceed with the case ex-parte. If the
defendant or defendants appear and the plaintiff does not appear, the
court can make an order that the suit be dismissed for default, unless
the defendants admit the claim or part thereof, when a decree can be
passed. Where there are more than one plaintiff, the court can
proceed with the case, if one of them is present, as if all the plaintiffs
have appeared.
The person trying a suit should bear in mind the following
important points:
Every one of the parties to the suit is entitled to
hearing, as no one can be condemned without giving him an
opportunity of being heard. The parties should be heard in the
presence of each other. Witnesses may, however, at the discretion of
the deciding officer of the dispute, be allowed into the court room at
the time of their examination.
The parties have the right to inspect the documents produced in
the case. They can also, at any time, on application to the officer
deciding the dispute, request the officer deciding the dispute, to issue
summons to persons whose attendance is required to give evidence or
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produce documents to establish their points of view of the case. The

officer deciding the dispute has the right to summon witnesses to give
evidence or produce documents, of his own accord, to arrive at an
equitable and correct decision in the case. He should give his decision
only after perusing the documents and other evidence produced and
after giving the parties reasonable opportunity to prove their
respective contentions. No evidence should be refused for the reason
that the evidence already available is enough. The enquiry or trial
should be open, full and fair. Knowledge of the case which the trying
person has, in his executive or administrative capacity, or any
extraneous evidence should not be imported to give the decision in the
case.
Normally the plaintiff has the right to begin the case unless the
defendant admits the facts alleged in the plaint but contends on
points of law or additional facts in which case, the defendant can be
allowed to begin the case. The plaint, as already mentioned, gives
only briefly material facts which the plaintiff is entitled to prove in the
trial but not the evidence relied upon by him to prove facts or law. The
plaintiff has, therefore, to prove his claim. The witnesses on the
plaintiffs side are examined after the examination of the plaintiff.
When the examination of the plaintiff and his witnesses is over, the
defendant is allowed to state his case and produce evidence in support
of his contention. Then the witnesses on the defendants side are
examined. During the examination of either party and his witnesses,
the other party is entitled to cross-examine the party and his
witnesses. The officer deciding the dispute can put questions to the
parties and their witnesses at any time in the course of the hearing of
the case in order to elicit facts necessary for giving a right decision.
When the examination is over, the chief defendant or defendants
advocate, if one has been permitted to represent him in the case,
addresses the court generally, giving a resume of the case and
pointing out how the claim against the defendants is not sustainable.
The party beginning the case or his advocate replies generally pointing
out how the claim is sustainable.
The parties to the suits should themselves bring their witnesses
at their own cost. Parties desiring to have certain persons examined as
witnesses whose attendance they cannot ensure without summons,
can have summons issued to them by the person hearing the dispute,
on payment in advance of the expenses of travel, boarding, etc.,
incidental to such process.
When summons has not been properly served on all persons
concerned before the date of hearing, the person hearing the dispute
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should adjourn the hearing of the dispute to some other day and issue
summons to the persons concerned in time for the next hearing. If
persons appearing at the first hearing give an undertaking in writing to
appear at the next hearing, issue of summons to them for the
subsequent hearing is not necessary.

Recording of evidence
The person hearing the dispute has to record the oral evidence of
the parties and witnesses. The recorded statement should be read out,
translated into the regional language understood by the deponent
where necessary and his signature obtained in token of his acceptance
of the statement. The person hearing the dispute should also attest
the statement with the following narration-Recorded by me, read out
to the party, translated to the party (in the regional language) and
accepted by him as correct. The person deposing the statement
should sign it. Refusal to sign the statement is an offence under I.P.C.

Decision and Judgment

Upon the evidence so recorded and after consideration of any

documentary evidence produced by the parties, a decision or award,
as the case may be, shall be given in accordance with justice, equity
and good conscience by the person who heard the dispute. Section
(33) of the Civil Procedure Code requires the court, after the case has
been heard to pronounce judgment and on such judgment a decree
should be issued. Rule (1) of Order XX of the same Code also requires
a judgement to be pronounced. However, the deciding officer will do
well to write a judgment, in complicated cases, giving reasons for his
decision, particularly because the Act has provided for appeal to the
Tribunal in certain cases and for appeal, review and revision in certain
others. In simple cases, it is enough if the reasons are recorded in brief
in the concerned case file. While giving an award or decision, the bond
in respect of which it is given should be cancelled and an endorsement
made on it to the effect that it has been superseded by a decree or
award in A.R.C. No.. dated.. A copy of
the judgment and the decision should be given free of cost and a court
shall execute the same as if it were a final decree of that officer
deciding the dispute.

Amendments of judgement, decree or order

According to section (152) of the Code of Civil Procedure,
Clerical or arithmetical mistakes in judgments, decrees or orders or
errors arising therein from any accidental slip or omission may at any
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time be corrected by the Court either of its own motion or on

application of any of the parties.

Formats and Registers

Formats and Registers specified in Andhra Pradesh Co-operative
Manual on important statutory functions of the Co-operative
Department shall mutatis mutandis be maintained for various stages
of proceedings under Settlement of Disputes.