Interlocutory Orders under Section 68(h) of Punjab Cooperative Societies Act Deemed Appealable: P&H HC
In a recent judgment delivered on 17th October 2023, the Punjab and Haryana High Court addressed the appealability of interlocutory orders under Section 68(h) of the Punjab Cooperative Societies Act, 1961. The court’s decision has significant implications for the cooperative sector in the region.
The judgment, delivered by HON’BLE MR. JUSTICE GURVINDER SINGH GILL, shed light on the petition filed by Amandeep Singh and others challenging an order issued by the Deputy Registrar, Cooperative Societies, Sangrur. The order in question had put the elections of the society on hold.
The petitioners contended that the impugned order was a non-speaking order and, as such, they had no alternative remedy to address their grievances. They argued that Section 68(h) of the Punjab Cooperative Societies Act did not extend to interlocutory orders.
However, the court’s observation differed. Justice Gurvinder Singh Gill stated, “Sub-Section (h) of Section 68(1) of Punjab Co-operative Societies Act, 1961 would include a decision or an award made in terms of Section 56 of Punjab Co-operative Societies Act. Undoubtedly, the impugned order is not an award but surely would fall within the ambit of a decision, even though an interlocutory order.”
As a result of this interpretation, the court disposed of the instant petition but granted the petitioners the liberty to avail of the appellate remedy.
This ruling emphasizes the importance of clarifying the scope of appealability under Section 68(h) of the Punjab Cooperative Societies Act, ensuring that even interlocutory orders can be challenged through the appropriate legal channels.
Legal experts believe that this judgment will have a far-reaching impact on future disputes and appeals involving cooperative societies in Punjab and Haryana. It highlights the need for a comprehensive understanding of the law to ensure that all aspects, including interlocutory orders, are considered within the scope of appealable decisions.
Date of Decision: 17.10.2023
Amandeep Singh and others VS The Deputy Registrar, Cooperative Societies and others
