Section 84 in The Delhi Co-operative Societies Rules, 2007
84. Procedure for making reference of dispute under section 71 of the Act.
(1)In case of any dispute referred to in sub-section (1) of section 70, the party concerned, shall apply to Registrar in writing in Form-12 stating inter-alia (i) all the facts constituting the cause of action, (ii) names and addresses of the other parties, (iii) facts showing that the subject matter of dispute is not barred by limitation, and, (iv) relief claimed in terms of money or otherwise. Each statement in the application shall have separate consecutive paragraphs serially numbered. At the end of the application there shall be made verification with the place and date of verification by the applicant party.(2)A party, referring the dispute under sub-section (1) of section 70 of the Act, to the Registrar, shall pay fee of rupees one hundred and the process-fee at the rate of rupees fifty for each party to be deposited in advance in the office of Registrar in the name of the Registrar in "Settlement and Executive Service Expenses Fund". The original of pay-in-slip for the deposit of this amount shall be attached with the application for reference of a dispute. The application for reference of a dispute shall be delivered in the office of the Registrar personally and receipt obtained or by registered post alongwith as many spare copies of the application as there are parties on the opposite side;Provided that the Registrar may revise the fee and process fee for referring the dispute under sub-section (1) of section 70 of the Act, from time to time.(3)On receipt of the application, the Registrar shall cause it to in a register in Form -13 and assign the case No. to the application.(4)If the Registrar is satisfied that the application is maintainable under section 70 of the Act, the Registrar shall by an order, admit the application for decision of the dispute in accordance with the Act and these rules and record his findings on the following points within ninety days of the receipt of the application of referring the dispute, namely:-(a)Whether there is a dispute;(b)Whether the dispute comes with in the purview of sub-section (1) of section 70 of the Act;(c)Whether the dispute is between parties mentioned in clauses (a) (b)(c) and (d) of sub-section (1) of section 70 of the Act;(d)Whether the dispute is with in the period of limitation as per subsection (4) of section 70 of the Act.(5)During the proceeding under section 70 of the Act, not more than two opportunities shall be granted to the respondents.(6)After the application has been admitted by the Registrar and after the claimant has deposited the arbitration fee in the manner and according to the scale of fees fixed by the Registrar, the application along with the orders thereon may be referred for decision to the arbitrator.Explanation. - The expression "arbitrator" wherever occurring in these rules, includes the Registrar or any sub-ordinate officers authorised by him.(7)The Registrar or the arbitrator, as the case may be, shall have power to appoint or remove a guardian for the party to the dispute in case any party is minor or who by reasons of unsoundness of mind or mental infirmity, is incapable of protecting his interest.(8)In the proceedings, the arbitrator shall fix the date, hour and the place of hearing of the dispute.(9)The arbitrator shall issue summons or notices at least fifteen days before the date fixed for the hearing of the disputes requiring:-(a)the attendance of the parties concerned and of witnesses; and .(b)the production of all books and documents relating to the matter in dispute.(10)Summons or notices may be served by:-(a)registered post, speed post or by courier service,(b)personal service through the secretary or a member of the staff of the co-operative society or any of the parties to the dispute; or(c)affixing a copy of summons or notice at the last known place of residence or business of the party concerned, in case the party refuse to sign the acknowledgement or can not be found.(11)Service of summons or notice to the secretary or Principal executive officer by whatever designation known, shall be regarded as service on that co-operative society.(12)In case the serving officer delivers or tenders a copy of the summons personally to the person summoned or to an agent or other person on his behalf, the serving officer shall require the signature of the person to whom the copy is so delivered or tendered in token of acknowledgement of service endorsed on the original summons.(13)The serving officer shall in all cases, in which the summons have been served under clauses (ii) and (iii) of sub-rule (10), make an endorsement on, or annex to, the original summons, a return, stating the time and the manner in which the summons were served and the name and address of the person, if any, identifying the person concerned and witnessing the delivery or tender of the summons.(14)The sufficiency of proof of service of the summons or notice shall be decided by the authority which issued the same.(15)In the case of absence of any party to the dispute duly summoned the dispute may be decided ex-parte.
