Madras High Court
Dileep Kumar vs R.Venkatachalam on 4 August, 2022
C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.11615 of 2022
and W.A. No. SR 105391 of 2021
1. Dileep Kumar
2. Anandkumar .. Petitioners
vs
1. R.Venkatachalam
2. D.Hussain Sheriff
3. V.Elangovan
4. The Registrar of Cooperative Societies
(Housing), No.28, Ramanathan St.,
T.Nagar, Chennai 600 017.
5. The Deputy Registrar Cooperative
Societies (Housing), No.28,
Ramanathan St., T.Nagar,
Chennai 600 017.
6. The President,
B and C Mills Co-operative Construction
Society, Vyasarpadi, Chennai 600 039. .. Respondents
Prayer: Petition filed under Section 151 CPC to grant leave to the
petitioners/appellants to prefer the above Writ Appeal against the
Order dated 02-07-2018 passed in W.P.No.15322 of 2008 on the file
of this Court.
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C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
For the Appellants : Mr.W.M.Abdul Majeed
*****
ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
Heard the learned counsel for the applicants on the application to
grant leave alleging that the learned Single Judge passed the order
adverse to the applicants. He further argued the appeal with the
permission of the Court.
2. Paras 17 and 18 of the order are quoted hereunder for ready
reference:
"17. In view of the above, the Arbitrator ought to have impleaded
all the necessary parties including 8th and 9th respondents in the
Arbitration Case and ought to have decided the issue as per the
provisions of bylaw of the society and instructions of the Registrar
of Cooperative Societies. Since the same was not done, the 1st
respondent has quashed the order of the Arbitrator in the Revision
Petition and remitted the matter back to the 2nd respondent, for
reopening it to implead all the necessary parties concerned and to
decide the issue as per the provisions of byelaws of the society and
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https://www.mhc.tn.gov.in/judis
C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
as per the instructions of the Registrar (Housing). However, till
now, no such proceedings have been commenced by the
respondent, hence, the present Writ Petition has been filed,
directing the 2nd respondent to take necessary action in pursuant
to Judgment passed by the 1st respondent in RC.No.14828/95C2
dated 27.11.2000.
18. In view of the above facts, it could be seen that the 2nd
respondent has not initiated the Arbitration proceedings and has
not passed any orders till now, as directed by the 1st respondent.
Since it is necessary to implead all the parties concerned for
deciding the case, this Court, directs the 2nd respondent to issue
notice to all the parties concerned within a period of 3 weeks from
the date of receipt of a copy of this order, regarding initiation of
fresh arbitration proceedings and pass orders, after affording
opportunity to all the parties concerned, within 12 weeks
thereafter."
3. The direction in the aforesaid paras contains nothing but
compliance of the earlier judgment dated 27.11.2000, which is said
to have not been complied by the respondents. It is not that the
order dated 27.11.2000 was challenged by the applicants and has
been nullified in the order. It was only a direction to the Arbitrator
to initiate further proceedings after providing an opportunity of
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https://www.mhc.tn.gov.in/judis
C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
hearing to all the parties and to conclude the proceedings.
Accordingly, we do not find any ground to accept the application to
grant leave or even to cause interference in the order of the learned
Single Judge.
The application and the appeal are, accordingly, disposed of,
without causing interference in the order, but with the clarification
that any observation touching the rights of the parties would not be
carried in the Arbitration proceedings rather the Arbitrator would
decide the matter independently after hearing all the parties
concerned. No costs.
(M.N.B., CJ.) (D.B.C., J.)
04.08.2022
Index : Yes/No
sra
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C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
To:
1. The Registrar of Cooperative Societies
(Housing), No.28, Ramanathan St.,
T.Nagar, Chennai 600 017.
2. The Deputy Registrar Cooperative
Societies (Housing), No.28,
Ramanathan St., T.Nagar,
Chennai 600 017.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
M.N.Bhandari, CJ.
and
D.Bharatha Chakravarthy, J.
(sra)
C.M.P.No.11615 of 2022
and W.A.No. SR 105391 of 2021
04.08.2022
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