Section 107 in Tamil Nadu Co-operative Societies Rules, 1988
107. References of disputes.
(1)The reference to the Registrar of any dispute under sub-section (1) of section 90 shall be in writing which shall be accompanied by,-(a)a statement of the subject matter of the dispute referred to;(b)a certified copy of the relevant records on which the dispute is based;(c)a receipted challan or record to evidence payment of the fees fixed in accordance with sub-rule (11);(d)sufficient number of copies of the application with all the enclosures for service on the' defendant; and(e)such other statement or records as may be required by the Registrar:Provided that the original documents and records including bond or agreement on which the dispute is based shall, however, be produced at the lime of hearing before the Registrar, Arbitrator or Arbitrators or other person deciding the dispute.(2)Where a dispute under sub-section (1) of section 90 is referred after the expiry of the period of limitation specified in clause (a) of sub-section (9) of the said section, it shall be accompanied by a petition supported by an affidavit setting forth the facts on which the applicant relies to satisfy the Registrar that he had sufficient cause for not referring the dispute within the period of limitation.(3)The Registrar, Arbitrator or Arbitrators or other person deciding a dispute may, either on his or their own motion or on the application of any party to the dispute inspect any property which is the subject matter of such dispute provided that no such inspection shall be made without giving notice to both the parties to dispute.(4)Where a dispute is referred under clause (b) of sub-section (2) of section 90 to several Arbitrators for disposal, one of the Arbitrators shall be nominated by the Registrar and one, by each of the parties to the dispute. The Arbitrator nominated by the Registrar shall be the Chairman and shall fix the time and place for the hearing of the dispute and carry on the necessary correspondence in connection with the reference.(5)The Registrar, Arbitrator or Arbitrators or other person deciding the dispute, shall have power to administer oath to require the attendance of all parties concerned and witnesses and to require the production of all books and documents relating to the matter of the dispute.(6)(a)The Registrar, the Arbitrator or the Chairman, where several Arbitrators are nominated or other person deciding the dispute shall record a brief note in English or in Tamil of the evidence of the parties and witnesses who attend, and after consideration of the evidence so recorded, and of any documentary or oral evidence produced by the parties shall give a decision, award or order in accordance with justice, equity and good conscience.(b)Where several Arbitrators are nominated, the opinion of the majority shall prevail.(7)(a)Where neither party appears when the dispute is called on for hearing, the Registrar or the Arbitrator or Arbitrators or the other person deciding the dispute may make an order that it be dismissed for default.(b)Where the defendant appears and the applicant does not appear when the dispute is called on for hearing, the Registrar or the Arbitrator or Arbitrators or the other person deciding the dispute may make an order that the dispute be dismissed unless the defendant admits the claim or part thereof, in which case the Registrar or the Arbitrator or Arbitrators or the other person deciding the dispute may make an order against the defendant upon such admission, and where, only a part of the claim is admitted, may dismiss the dispute so far it relates to the remainder.(c)Where the applicant appears, and the defendant does not appear when the dispute is called on for hearing, then, if the Registrar or the Arbitrator or Arbitrators or the other person hearing the dispute is satisfied from the record and proceedings that the summons were duly served, the dispute may be decided ex pane.(8)(a)The decision, award or order shall be reduced in writing and shall also contain an order as to costs.(b)Where a decision, award or order is for payment of money, it shall also contain an order as to further interest, which shall be a percentage per annum from the date immediately following the date up to which interest was allowed and included in the decree amount.(c)A copy of the decision, award or order shall be communicated free of cost by the Registrar, the Arbitrator, Arbitrators or the other person deciding the dispute to the parties to the dispute by personal delivery under acknowledgement or under certificate of posting.(9)Clerical or arithmetical mistakes in decision, award or order or errors arising therein from any accidental slip or omission may, all any time, be corrected or caused to be corrected by the Registrar either suo motu or on the application of any of the parties to the dispute.(10)The Registrar may withdraw a dispute under sub-section (3) of section 90 if Ire is satisfied, on an application made to him in this behalf by any party to the dispute or otherwise, that such action is necessary either in the interest of justice, or to overcome any administrative difficulty in the disposal of the dispute.(11)(a)The person referring a dispute under sub-section (1) of section 90 shall deposit in advance the fee specified in Schedule III for deciding the dispute.(b)The Registrar may, in his discretion, remit the whole or any part of the fee deposited under clause (a).(12)Any original document or record tendered by a party in connection with the dispute may be returned by the Registrar, the Arbitrator or Arbitrators or the person hearing the dispute to the concerned party on requisition in writing after the decision, award or order is given:Provided that the bond or other document which is superseded with the passing of a decision, award or order, shall not be returned to the party.(13)The records of the proceedings relating to a dispute and the connected file shall, after the decision, award or order has been passed, be kept intact in the safe custody of the Registrar for a period of fifteen years from the date of such decision, award or order.
