$~4 & 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 92/2022 D NARASIMHA RAO & ORS. ..... Petitioners Through: Mr. Davesh Bhatia, Adv.

versus REVANTA MULTI STATE CGHS LTD. & ANR.

..... Respondents Through: Mr. Mukesh Kumar, Mr.

Nilofar Khan, Advs. for Revanta Society.

Ms. Anjum Parvez, Adv. for Registar Mr. Kirtiman Singh, Ms.

Kunjala Bhardwaj, Ms. Vidhi Jain, Mr. Madhav Bajaj, Ms.

Shreya Mehra, Mr. Yash Upadhyay, Adv. for R-2.

$~25 + O.M.P.(I) (COMM.) 381/2021 ASSOCIATION OF REVANTA CGHS MEMBERS THROUGH D. NARASIMHA RAO & ORS. ..... Petitioners Through: Mr. Davesh Bhatia, Adv.

versus REVANTA MULTI STATE CGHS LTD. & ANR.

..... Respondents Through: Mr. Mukesh Kumar, Mr.

Nilofar Khan, Advs. for Revanta Society.

Ms. Anjum Parvez, Adv. for Registar Mr. Kirtiman Singh, Ms.

Kunjala Bhardwaj, Ms. Vidhi Jain, Mr. Madhav Bajaj, Ms.

Shreya Mehra, Mr. Yash Upadhyay, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

O R D E R

% 01.02.2023 ARB.P. 92/2022

1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 [“the Act”] seeks to invoke jurisdiction of the Court for appointment of an arbitrator in light of the disputes which have arisen. The dispute itself relates to elections which were held in respect of a Multi-State Cooperative Society and would be governed by Sections 84 and 85 of the Multi-State Cooperative Societies Act, 2002 [“the 2002 Act”].

2. Section 84 which contemplates reference of disputes between parties to be resolved by way of arbitration is extracted hereinbelow:-

“Chapter IX Settlement of Disputes

84. Reference of disputes (1) Notwithstanding anything contained in any other law for the time being in force, if any dispute [other than a dispute regarding disciplinary action taken by a multi-state cooperative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947)] touching the constitution, management or business of a multi-state cooperative society arises-

(a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past members and persons claiming through a member, past member or deceased member and the multi-state cooperative society, its board or any officer, agent or employee of the multi-state cooperative society or liquidator, past or present, or (c) between the multi-state cooperative society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the multi-state cooperative society, or (d) between the multi-state cooperative society and any other multistate cooperative society, between a multi-state cooperative society and liquidator of another multi-state cooperative society or between the liquidator of one multi- state cooperative society and the liquidator of another multi-

state cooperative society, such dispute shall be referred to arbitration.

(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or business of a multi-state cooperative society, namely:-

(a) a claim by the multi-state cooperative society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor where the multistate cooperative society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not;

(c) any dispute arising in connection with the election of any officer of a multi-state cooperative society.

(3) If any question arises whether a dispute referred to arbitration under this section is or is not a dispute touching the constitution, management or b