RAKESH GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by Respondent No. 2 seeking dismissal of the writ petition on the ground that the Petitioner has suppressed the fact, as regards the prior filing of an arbitration petition before the Registrar Co-operative Societies ('RCS") under Sec. 84 of the Multi-State Co-Operative Societies Act, 2002 ('MSCS Act'), on or around 20/9/2022, seeking similar reliefs on identical allegations against Respondent Nos. 2 and 3 herein.

(2.) Learned counsel for the Respondent No. 2 states that the fact of the prior filing of the arbitration petition was concealed and not disclosed in the mandatory non-filing clause of the writ petition at paragraph 10. He states that the arbitration petition is dtd. 20/9/2022 and the writ petition is dtd. 11/3/2023.

(3.) In reply, learned counsel for the Petitioner states that he admits that a petition invoking statutory arbitration has been filed with the RCS. He states that the said arbitration petition was filed by the Petitioner without appreciating that the reliefs sought against Respondent No. 3 are not arbitrable. He states that the Petitioner has now filed an appropriate application under Sec. 23 of the Arbitration and Conciliation Act, 1996 in the arbitration proceedings, for amending the said petition and withdrawing the reliefs sought against Respondent Nos. 2 and 3 in the present proceedings. He states that non-disclosure of the filing of the arbitration proceedings in the writ petition was unintentional as the Petitioner was not aware of his responsibility to make the said disclosure.