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ATUL SINGH versus STATE OF U.P. THRU' SECY. COOP. & OTHERS

High Court of Judicature at Allahabad

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Atul Singh v. State Of U.P. Thru' Secy. Coop. & Others - WRIT - C No. 58339 of 2005 [2005] RD-AH 2269 (2 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble V.M.Sahai, J

Hon'ble Sabhajeet Yadav, J

We have heard Sri H.R.Mishra learned counsel for the petitioner, learned standing counsel appearing for respondents no.1 to 4. Sri Vijai Tripathi, Advocate holding brief of Sri O.P.Singh, Advocate has accepted notice on behalf of respondent no.5. Sri Dharmendra Pratap Singh, Advocate has also accepted notice on behalf of respondent no.5. They are allowed one month's time to file counter affidavit. The petitioner shall have three weeks thereafter to file rejoinder affidavit.

It is not disputed by the parties that arbitration proceedings are going on between the  parties. Meanwhile action has been taken by the respondents u/s. 91 of U.P. Cooperative Societies Act, 1965. A division bench of this court in Deva Raj v. The District Cane Officer, Saharanpur and others 1979 AWC 430 has held that where a dispute is pending before the arbitrator, recourse could not be hade to the remedy provided u/s.91 of the Act in respect of the same matter. Therefore, the order passed by the respondents u/s. 91 of the Act appears to be illegal. In this view of the matter, the petitioner is entitled for interim order.

Until further orders of this court, effect and operation of order dated 11.8.2005 passed by respondent no.3, Annexure-3 to the writ petition, shall remain stayed.

Let a certified copy of this order be issued to learned counsel for the parties on payment of usual charges today.

Hon'ble V.M.Sahai, J

Hon'ble Sabhajeet Yadav, J

We have heard Sri H.R.Mishra learned counsel for the petitioner, learned standing counsel appearing for respondents no.1 to 4. Sri Vijai Tripathi, Advocate holding brief of Sri O.P.Singh, Advocate has accepted notice on behalf of respondent no.5. Sri Dharmendra Pratap Singh, Advocate has also accepted notice on behalf of respondent no.5. They are allowed one month's time to file counter affidavit. The petitioner shall have three weeks thereafter to file rejoinder affidavit.

It is not disputed by the parties that arbitration proceedings are going on between the  parties. Meanwhile action has been taken by the respondents u/s. 91 of U.P. Cooperative Societies Act, 1965. A division bench of this court in Deva Raj v. The District Cane Officer, Saharanpur and others 1979 AWC 430 has held that where a dispute is pending before the arbitrator, recourse could not be hade to the remedy provided u/s.91 of the Act in respect of the same matter. Therefore, the order passed by the respondents u/s. 91 of the Act appears to be illegal. In this view of the matter, the petitioner is entitled for interim order.

Until further orders of this court, effect and operation of order dated 11.8.2005 passed by respondent no.3, Annexure-3 to the writ petition, shall remain stayed.

Let a certified copy of this order be issued to learned counsel for the parties on payment of usual charges today.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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