SANJAY KUMAR CHAUHAN Vs. ARBITRATOR

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the award passed by the Arbitrator. Arbitration was under provisions of Section 84 of the Multi-State Co-operative Societies Act, 2002 (for short 'the Act of 2002').

(2.) Learned Counsel for Petitioner submits that no remedy is provided under the Act of 2002 to challenge arbitral award. The remedy under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') is not available to arbitral award pursuant to the provisions of the Act of 2002 apart from that grounds of interference therein are of such nature which does not include the issue raised by the Petitioner herein. Accordingly, Petitioner has filed this writ petition.

(3.) During course of arguments, attention of learned Counsel for Petitioner was drawn towards provisions of Section 84 of the Act of 2002 which provides provisions of Arbitration and Conciliation Act, 1996 to apply to arbitration under the Act of 2002. Once such provision exist then the Act of 1996 will apply to the arbitration proceedings under the Act of 2002, which include even further remedies thereupon because it is not provided that the Act of 1996 applies only in regard to procedure to be adopted by the arbitrator. The outcome of the aforesaid is that Act of 1996 is applicable for further remedies also, to which learned Counsel for Petitioner later on agreed.