NARAINLAL Vs. REGISTRAR CO OPERATIVE SOCIETIES RAJASTHAN JAIPUR

JUDGEMENT

(1.) THIS is a petition by Narainlal arising out of certain arbitration proceedings under the Rajasthan Co-operative Societies Act, 1953 (Act No. IV of 1953 ).

(2.) THE case as set up by the petitioner is that there was a Cooperative Society at Danta Ramgarh, known as the Danta Ramgarh Sahkari Bhandar Ltd. THE petitioner was the secretary of the society for some time, and thereafter replaced by other persons. Satya Narayan, Secretary of the Sahkari Bhandar moved the Registrar on 24th August, 1953, that on examination of the accounts a sum of Rs. 8484/9/6 was due against the former Secretary, Narainlal, and he refused to pay the same inspite of notice, and even denied the liability. He, therefore, prayed for an arbitration by the Registrar under sec. 61 of the Rajasthan Cooperaitve Societies Act. It was alleged that the arbitrators made an award on the 10th August, 1956, declaring that no sum was due to the Sahkari Bhandar from the petitioner Narainlal, and also recorded that the petitioner had certain claims against the Bhandar for his salary for the period he served as its manager. It was then alleged that the Registrar, Co-operative Societies, by order of 20th October, 1956, set aside the award, and appointed another nominee of his to make a fresh award within two month of his order. THE nominee of the Registrar was the Assistant Registrar, Cooperative Societies, Jaipur, and the latter issued a notice on 15th November, 1956, to the petitioner and certain other persons to attend his office on the 23rd of November for the hearing of the case. THE present petition was filed on the 4th of December, 1956, challenging the validity of the order of the Registrar dated 20th October, 1956, and praying that the Register and his Assistant be directed to refrain from taking any proceeding in the matter of arbitration. It was submitted that the award of 10th August, 1956, should be taken to have disposed of the dispute between the parties.