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2021 Supreme(Del) 289

VIBHU BAKHRU
National Federation Of Fishermen Co-Operative Ltd. – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Ms Raavi Birbal and Ms Cauveri Birbal, Advocates with Sh. Prakash Marotrao Lonare, Sh. Rakesh Kumar Nishad, Sh. K. Nabchandra Singh, Board Directors and Sh. Bima Kumar Mishra. Mr Ram Kumar, Advocates.
For the Respondent:Mr Manish Mohan, CGSC with Ms Manisha Saroha, Mr Tushar Ranjan Mohanty and Ms Payal Mohanty, Advocates

ORDER :

[Hearing held through videoconferencing]

VIBHU BAKHRU, J.

1. National Federation of Fishermen Co-operative Ltd. (hereinafter ‘FISHCOPFED’) has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’), inter alia, praying that the order dated 12.03.2021 passed by respondent no.2 (Central Registrar of Co-operative Societies – hereinafter ‘the Registrar’) be set aside to the extent that he has appointed the Vice Chairman of the Board of FISHCOPFED to officiate as a Chairperson and In-charge MD of FISHCOPFED and restrained the President and Managing Director of FISHCOPFED for acting on its behalf of participating in any proceedings.

2. Essentially, FISHCOPFED impugns the order dated 12.03.2021 passed by the Registrar on a complaint filed by respondent no.3. Respondent no.3, inter alia, claims that Sh. B.K. Mishra (Managing Director of FISHCOPFED), attained superannuation on 30.06.2020 and had manipulated the Board of Directors of FISHCOPFED to pass a resolution for extension of his term for one year. He impugns the resolution to the aforesaid effect as invalid. In his complaint, he has further prayed that Sh. B.K. Mishra,

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