93.Transfer of disputes from one Co- operative Court to another, and suspension of proceedings in certain cases
(1) Where any dispute is referred to any Co-operative Court, the President of the Co-operative Appellate Court may, at any time, for reasons to be recorded in writing, withdraw such dispute from that Court and may refer it for decision to any other Co-operative Court as he deems fit.
(2)Notwithstanding anything contained in this Act, the Co-operative Court, on an application made to it by any of the parties of the dispute, may, if it thinks fit, suspend any proceedings in respect of any dispute, if the question at issue between a society and a claimant or between different claimants, is one involving complicated questions of law and fact, until the question has been tried by a regular suit instituted by one of the parties or by the society. If any such suit is not instituted in a Civil Court within two months from the date of the order of the Co-operative Court, that Court shall continue the proceedings and decide the dispute.]
(3) Notwithstanding anything contained in this Act, where it appears to the Co-operative Court that there exist elements of settlement which may be acceptable to the parties, the court may formulate the terms of the settlement and give the same to the parties for their observation and after receiving the observations of the parties, the court shall reformulate the terms of possible settlement and refer the dispute for,—
(i)Arbitration;
(ii)Conciliation;
(iii)Judicial Settlement, including settlement through Lok-Adalat ;
(iv)Mediation.
(4)Where a dispute has been referred—
(a)for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply, as if the proceedings for arbitration and conciliation were referred for settlement of the dispute under the provisions of the said Act ;
(b)to Lok-Adalat, the Court may refer the same to the Lok-Adalat in accordance with the provisions of the Legal Services Authorities Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok-Adalat ;
(c)for judicial settlement, the Court may refer the same to a suitable institution or a person working in that field and such institution or a person shall be deemed to be a Lok-Adalat and all the provisions of the Legal Services Authorities Act, 1987 shall apply as if the disputes were referred to Lok-Adalat under the provisions of the said Act ;
(d)for mediation, the court may effect compromise between the parties and shall follow such procedure as may be prescribed.]
