P&H: Civil Court Jurisdiction Cannot Be Tested Only Through Section 8 of Arbitration Act in Cooperative Society Dispute matter restored for fresh consideration

(i) Punjab Cooperative Societies Act, 1961, Ss.55, 56, 82 — Civil Court jurisdiction —  If dispute is one, which statute requires to be referred u/s.55, the jurisdicon of Civil Court cannot be conferred merely because written statement has already been filed or evidence has commenced....

(ii) Punjab Cooperative Societies Act, 1961, Ss.55, 82 — Civil Court jurisdiction —  Waiver of jurisdictional — Filing of the original written statement without raising the objection and commencement of evidence do not by themselves amount to waiver of a statutory bar of jurisdiction. A...

(iii) Punjab Cooperative Societies Act, 1961, Ss.55, 56 and 82, Arbitration and Conciliation Act, 1996, S.8  — Civil Court jurisdiction — Restriction u/s.8 of 1996 Act cannot be applied mechanically to defeat a statutory remedy under the 1961 Act, particularly when Ss.55 and 82 may...