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2023 DIGILAW 74 (UTT)

Lathardeva Hoon Matsya Jivi Sahakari Samiti Through Its Chairman Sri Satbir v. Lathardeva Hoon Matasya Jivi Sahakari Samiti Through Its President / Secretary Maan Singh

2023-01-12

ALOK KUMAR VERMA, VIPIN SANGHI

body2023
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.