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2012 DIGILAW 883 (RAJ)

Durga Sevak Sharma v. Registrar, Cooperative Societies, Jaipur

2012-04-10

AJAY RASTOGI

body2012
JUDGMENT 1. - Instant petition has been filed by the petitioner assailing the demand notice served upon the petitioner U/s 94(5) of Rajasthan Cooperative Societies Act,2001 ("Act,2001") issued by the Assistant Registrar, Cooperative Societies, Dholpur dated 27.03.2012 (Annx.7). 2. It appears from the record that earlier notice came to be served upon the petitioner U/s 99(1) of the Act,2001 dated 25.03.2010 (Annx.1) and thereafter a further notice was served U/s 99(2) of the Act,2001 dated 28.06.2010 (Annx.3) and since no satisfactory response came forward pursuant to the notices served, decision was taken for recovery of debt pursuant to demand notice dated 27.03.2012 (Annx.7). 3. However, for such nature of disputes the Act,2001 provides protection of raising dispute by way of reference U/s 58 of the Act,2001 and such disputes if raised, reference has to be made U/s 60 of the Act,2001 to be settled through arbitration and that being the remedy which the law permits and even against the order of Arbitrator further remedy of appeal to the cooperative tribunal has been provided and once complete mechanism is being provided under the Act,2001, this Court is not inclined to exercise its extraordinary jurisdiction U/Art. 226 of the Constitution. 4. Consequently, the petition fails and is hereby dismissed.Petition Dismissed. *******