Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 655 (RAJ)

Alok Parnami S/o Shri Madan Parnami v. Registrar, Cooperative Societies

2021-03-22

ASHOK KUMAR GAUR

body2021
ORDER : 1. The instant writ petition has been filed by the petitioners for seeking a direction to the respondent No.1-the Registrar/Deputy Registrar, Co-operative Societies to refer the dispute for arbitration under Section 58 of the Rajasthan Co-operative Societies Act, 2001 (hereinafter referred to as ‘the Act of 2001’) and further time bound direction to refer the dispute to the Arbitrator for deciding it in expeditious manner preferably within three months. 2. Learned counsel for the petitioners-Mr. Mahesh Gupta submitted that the petitioners are plot holders in a Co-operative Society and as such there is a dispute between the Society and members of the Society and as such the petitioners had requested the Authorities to exercise their powers under the Act of 2001 and as such dispute was required to be referred as per provision contained in Section 58 of the Act of 2001. 3. Learned counsel for the petitioners further submitted that Section 60 of the Act of 2001 provides that the Registrar on receipt of reference can himself decide the dispute or he can refer it to an Arbitrator who has eligibility to decide the dispute. 4. Learned counsel for the petitioners submitted that the respondent No.1, failed to exercise its powers, and as such, the petitioners are constrained to approach this Court. 5. Learned Addl. Advocate General, Mr. S.S. Raghav appearing for the respondents has filed reply to the writ petition. 6. Learned Addl. Advocate General submitted that Dy. Registrar, Co-operative Societies, Jaipur vide order dated 27.11.2020 informed the petitioners that 18 persons had joined for the purpose of referring the dispute to the Arbitrator and as such each person claimed to be owner of the separate plot and as such the joint application filed was not maintainable and further it was informed that each person was to deposit the requisite fee in respect of all the claim of a particular piece of land/plot. 7. Learned Addl. Advocate General submitted that due intimation was sent to all the petitioners that if they wanted their dispute to be referred to the Arbitrator, they could file their separate claim and same was to be considered as per law. 8. Learned counsel for the petitioners-Mr. 7. Learned Addl. Advocate General submitted that due intimation was sent to all the petitioners that if they wanted their dispute to be referred to the Arbitrator, they could file their separate claim and same was to be considered as per law. 8. Learned counsel for the petitioners-Mr. Mahesh Gupta submitted that if the objection is with regard to filing of the joint application, the petitioners are prepared to file their separate claim, however, suitable directions may be given to the Registrar to refer the matter to the Arbitrator in time bound manner. 9. Learned Addl. Advocate General on instructions submitted that if such claim is filed by the petitioners separately by paying necessary fee and completing other formalities, necessary action will be taken by the Registrar for settling the dispute by appointing an Arbitrator. 10. This Court without going into the controversy involved in the matter whether joint application is maintainable or not for making reference, deems it proper to dispose of the writ petition by directing the petitioners to file separate/independent application before the Registrar, Co-operative Societies in respect of their disputes to be referred to the Arbitrator. 11. This Court further directs that if such application is filed by all the petitioners for invoking the provisions of Section 60 of the Act of 2001 for making reference to the Arbitrator, the Registrar will exercise the powers in expeditious manner and if all the requirements are complied with by the petitioners, all endeavour should be made to appoint Arbitrator in expeditious manner but not later than five weeks after receipt of copy of the application. Accordingly, the writ petition stands disposed of.