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WP No. 1141 of 2009. Case: Narendra Kumar Mehra Vs State of West Bengal And Others. High Court of Calcutta (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberWP No. 1141 of 2009
CounselSrimanto Dutta, Avijit Dey
JudgesPatherya, J.
IssueArbitration & ADR
Judgement DateJanuary 05, 2010
CourtHigh Court of Calcutta (India)

Judgment:

Patherya, J.

By this application, the petitioner seeks to set aside the award dated 4th February, 2009.

The case of the petitioner is that under section 95 of the 1983 Act disputes were referred to the Registrar of Cooperative Societies. An Arbitrator was also appointed and an application filed by the respondent no.3 for deciding the question of maintainability of the petition as a preliminary issue and for withdrawal of reference from the appointed Arbitrator. The said application though filed with the Registrar was heard and disposed of by the Arbitrator by his order dated 4th February, 2009. An appeal though filed has not been heard due to non-appointment of members of the said Tribunal. Hence, the instant application has been filed and orders sought. As the question of maintainability is to be decided by the Registrar, such issue as decided by the Arbitrator is contrary to law and liable to be set aside.

None appears on behalf of the respondents in spite of service. Affidavit of service filed be kept on record.

Having considered the facts of the case and in view of the application filed under section 96(2) of the 1983 Act and Rule 178 of the 1987 Rules it was incumbent on the Registrar of Cooperative Societies to hear the said application and take a decision on the maintainability issue. The decision...

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