SYSCOINDIAPRIVATELIMITED Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred under Clause-15 of the Letters Patent assailing the correctness of the judgment and order of the learned Single Judge dated 12th September, 2019 passed in Special Civil Application No. 11254 of 2019 whereby the said writ-petition has been dismissed summarily.

(2.) The petitioner-appellant had preferred Special Civil Application No. 11254 of 2019 praying for the following reliefs:

(3.) In sum and substance, the relief claimed was that appointment of the Arbitrator to adjudicate upon the dispute between the present petitioner-appellant and respondent No.2 in the petition as also in the appeal being Nutan Nagrik Sahkari Bank Ltd, was made in violation to the provision of section 84 of the Multi-State Co-operative Societies Act, 2002 ("the 2002 Act" for short) as also the Notification dated 24th February, 2003 issued by the Ministry of Agriculture. Section 84 of the Act of 2002 forms part of Chapter IX thereof and relates to reference of disputes relating to constitution, management or business of a multi-state co-operative society, other than a dispute regarding disciplinary action taken by a multi-state co- operative society against its paid employee or industrial dispute as defined under the Industrial Disputes Act , 1947, i.e. any service dispute or a labour dispute of a multi-state co-operative society would not be covered under section 84 of the 2002 Act. In the present case, the dispute relates to the business of a Multi-State Co-operative Society and therefore, section 84 of the 2002 Act would apply. Section 84 of the 2002 Act reads as follows:-