IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-19.02.2026 The Haryana State Cooperative Supply and Marketing Federation Limited ......Petitioner Versus State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Dinesh Kumar Jangra, Advocate for the petitioner.

Mr. Chirag Wadhwa, DAG, Haryana.

Mr.R.S. Panghal, Advocate for respondent No.3..

JASGURPREET SINGH PURI J.(Oral)

1. The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 23.06.2016 (Annexure P-12) passed by the Additional Chief Secretary to Government, Haryana, Cooperation Department, Chandigarh (respondent No.1), as well as the impugned order dated 26.09.2011 (Annexure P-11) passed by the Additional Registrar (Marketing), Cooperative Societies, Haryana, Panchkula (respondent No.2), and further for issuance of a writ in the nature of mandamus directing respondent No.3–Mahendergarh Central Cooperative Bank Limited to make payment of loss amounting to Rs. 22,66,406/- allegedly caused to the petitioner.

2. Learned counsel appearing on behalf of the petitioner while briefly stating the facts of the case, submitted that the petitioner, namely the Haryana State Cooperative Supply and Marketing Federation Limited (HAFED), is a cooperative society registered under the Haryana Cooperative Societies Act, 1984. Respondent No.3 namely Mahendergarh Central Cooperative Bank Limited, is also a cooperative society registered under the aforesaid Act. The fertilizers supplied by HAFED to farmers were routed through mini banks and payments were made through cheques deposited with respondent No.3-bank. The amount so deposited was required to be credited in favour of the petitioner within a period of four days from the date of presentation of the cheques. In this regard he referred to the instructions dated 18.07.1990 issued by the Registrar, Cooperative Societies, Haryana, vide Annexure P-1 and also to the proceedings of the meeting regarding fertilizer policy held on 30.06.1994 in the office of the Registrar, Cooperative Societies, Haryana, Chandigarh in which various senior officers of the State Government, the petitioner–HAFED, HARCO Bank and other cooperative institutions were present. In the said meeting, it was resolved that when a cheque is presented before the bank, it shall be credited in favour of the petitioner–HAFED on or before the fourth day from the date of presentation. It was further resolved that the cooperative banks would ensure collection of outstation cheques within four days and, in case of failure, the responsibility for delay would be fixed and HAFED/Marketing Federation would be given credit by debiting the Bills Purchased A/C on the fourth day from receipt of the cheques. He further submitted that, in this manner, by virtue of the aforesaid decision taken in the proceedings of the meeting, the amount was required to be credited by respondent No.3–bank in favour of the petitioner within four days.

3. He further submitted that since several cheques were not credited within the stipulated period of four days, the petitioner invoked the dispute resolution mechanism under Sections 101 and 102 of the Haryana Cooperative Societies Act, 1984, which are in the nature of arbitration proceedings. The Deputy Registrar, Cooperative Societies, Haryana, vide order dated 27.01.2003 (Annexure P-6), while dealing with the claim under Sections 101 and 102 of the Act, observed that the petitioner should raise its claim before the Chairman, Settlement Committee/Deputy Registrar (Marketing), Cooperative Societies, within a period of 30 days and that the Deputy Registrar, Cooperative Societies, Bhiwani being the Chairman of the Settlement Committee, shall decide the same within a period of 60 days. In this manner, by way of the aforesaid order, the matter was referred to the Settlement Committee he