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2015 Supreme(Ori) 332

BISWANATH RATH
Food Corporation of India Workers' Cooperative Credit Society Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant: R.K. Mohanty
For the Respondents: A.K. Bose, Assistant Solicitor General, M. Sinha ,S.R. Mishra, P.K. Singh and P.K. Mohanty

JUDGMENT :

Biswanath Rath, J.

1. This is a Writ Petition seeking quashing of the communication under Annexures-7 & 10 by declaring the same as illegal, arbitrary without jurisdiction & mala fide & further restraining the Opp. Party No. 3 from acting as Arbitrator pursuant to Annexures-7 & 10 pending disposal of the Writ Petition. The short back ground of the case is that the Petitioner is a society registered under the Multi State Co-operative Societies Act, 1984 (for short 'the Act 1984') with an objective of economic & social betterment of its members through mutual aid in accordance with the Cooperative principles & also with an objective to encourage thrift self help & co-operation amongst the members & to borrow funds from members or others to be utilized for loans to its members for useful purposes. The society came into existence in 1993 & is governed by its Bye-law. The Act 1984 was repealed by "Act, 2002". The Act 2002 provides for its own machinery registering Multi States Societies & also regulating the rights of its members. It is averred that in the matter of election of the society, appointed returning officer issued notice on 20.04.2011 to all its members numbering mor
































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