THE BIHAR STATE CO-OP.MKTG. UNION LTD. vs UMA SHANKER SHARMA

The Supreme Court held that the availability of plural remedies under the Bihar and Orissa Cooperative Societies Act, 1935, specifically Sections 40 and 48, does not exclude one another. The Court clarified that both remedies can coexist until one is elected, and since the appellant did not initiate action under Section 40, the claim under Section 48 was validly referred. The Court also ruled that the six-year limitation under Section 40 does not apply to references made under Section 48, thus allowing the appeal and remitting the matter to the High Court for further decision.