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ANJANI KUMAR MISHRA, JAYANT BANERJI
Ramesh Chandra Yadav – Appellant
Versus
Registrar Fisheries Co-Operative Society – Respondent
JUDGMENT :
Heard learned counsel for the petitioner, Mr. Aijaz Ahmad Khan, learned counsel for the fourth respondent and learned Standing Counsel for the State.
2. Challenge in the writ petition is to the order dated 6.2.2017 passed by the third respondent in a dispute which was referred for arbitration, consequent to an arbitration clause in the agreement, entered into between the petitioner and fourth respondent as also consequent to order dated 11.9.2015 passed by this Court in Writ C No. 48497 of 2015 Ramesh Chandra Yadav v. Managing Director Matsya Jivi Sahkari Samiti and three others.
3. It appears that an application was filed by the petitioner seeking a reference for arbitration and for appointment of an arbitrator relying upon para graph 26 of the agreement between the parties aforesaid, as also Sections 71 of the U.P. Cooperative Societies Act read with Section 229 of the U.P. Cooperative Societies Rules, 1968.
4. The arbitrator by his Award held that the arbitration itself was not maintainable in view of Section 70 of the U.P. Cooperative Societies Act, 1965 as he was admittedly not a member of the cooperative societies.
5. The issue that arises for consideration before
Arbitration agreements can be enforced regardless of incorrect statutory references, provided the jurisdiction exists under the appropriate legal framework.
Disputes over the validity of sale deeds executed by a cooperative society cannot be arbitrated under Section 70 of the Uttar Pradesh Co-operative Societies Act; such matters must be addressed in civ....
Statutory arbitration under the Multi-State Cooperative Societies Act governs disputes between cooperatives and members, with a 6-year limitation period applying, overriding general limitation laws.
An arbitration clause in a Memorandum of Understanding precludes a court from entertaining a statutory application where an arbitrator has been appointed to resolve the dispute, reinforcing the prima....
The main legal point established in the judgment is the requirement for the Registrar to reflect a finding and application of mind in addressing grievances and to undertake the exercise in accordance....
The court affirmed that statutory arbitration procedures were followed, and the appellants could not challenge the arbitrator's appointment after agreeing to arbitration in the loan agreement.
The appointment of an arbitrator with potential bias due to their governmental role violates Section 12(5) of the Arbitration and Conciliation Act, necessitating an independent arbitrator.
Civil Courts have jurisdiction over disputes regarding agreements to sell flats, as such disputes do not pertain to the business of Cooperative Societies under the Haryana Co-operative Societies Act.
The unilateral appointment of a Sole Arbitrator by one party, without proper invocation under the Act, is invalid and constitutes an abuse of the process of law.
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