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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Alok Kumar Verma, JJ.
Lathardeva Hoon Matsya Jivi Sahakari Samiti Through Its Chairman Sri Satbir - Appellant
Versus
Lathardeva Hoon Matasya Jivi Sahakari Samiti Through Its President / Secretary Maan Singh & Ors. - Respondents
Special Appeal No. 11 of 2023
Decided On : 12-01-2023
Appeal - Cooperative Societies Act - The court held that the appeal against the award could be maintained before the Registrar by resort to Section 98(2)(b) of the Uttarakhand Cooperative Societies Act, 2003.
Fact of the Case:
The learned Single Judge stayed the operation of the order dated 19.10.2022, passed by the Secretary, Cooperative Societies, Government of Uttarakhand, on the premise that an appeal against the order made by the Arbitrator did not lie before the State Government.
Finding of the Court:
The court found that the foundation on which the impugned order has been passed is sound, as an appeal in respect of an award lies before the Registrar under Section 98(2)(b) of the Uttarakhand Cooperative Societies Act, 2003.
Issues: The issue was whether the appeal against the award could be maintained before the Registrar by resort to Section 98(2)(b) of the Uttarakhand Cooperative Societies Act, 2003.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 98(2)(b) of the Uttarakhand Cooperative Societies Act, 2003, which provides for the appeal in respect of an award made by a person other than the Registrar to lie before the Registrar.
Final Decision: The appeal was dismissed, and the court did not interfere with the impugned order.
JUDGMENT
Vipin Sanghi, CJ. - The submission of learned counsel for the appellant is that the learned Single Judge stayed the operation of the order dated 19.10.2022, passed by the Secretary, Cooperative Societies, Government of Uttarakhand, on the premise that an appeal against the order made by the Arbitrator did not lie before the State Government.
2. It appears to us that the foundation on which the impugned order has been passed is sound, for the reason that under Section 98(2)(b), an appeal in respect of an award, which is made by a person other than the Registrar, lies before the Registrar. In the present case, the Registrar appointed the Arbitrator, who happens to be a Sub Registrar, and the Sub Registrar rendered the award.
3. That being the position, it appears to us that the appeal against the award could be maintained before the Registrar by resort to Section 98(2)(b) of the Uttarakhand Cooperative Societies Act, 2003.
4. We are, therefore, not inclined to interfere with the impugned order. The appeal is accordingly, dismissed.
5. Interim Relief Application (IA No. 01 of 2023) also stands disposed of.
The main legal point established in the judgment is that the appeal against the award could be maintained before the Registrar by resort to Section 98(2)(b) of the Uttarakhand Cooperative Societies A....
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 main legal point established in the judgment is that the appellate jurisdiction is defined and circumscribed by statute, and the lack of jurisdiction nullifies the order.
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 competence of the Deputy Registrar to pass the award and the impermissibility of settling to validate an illegal act.
The Arbitrator's jurisdiction under the Kerala Cooperative Societies Act is not limited to express powers, allowing for broader application of authority to ensure justice.
Arbitration agreements can be enforced regardless of incorrect statutory references, provided the jurisdiction exists under the appropriate legal framework.
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