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Rupireddy Eshwar Reddy vs The Arbitrator / Assistant ...
2021 Latest Caselaw 2809 Tel

Citation : 2021 Latest Caselaw 2809 Tel
Judgement Date : 28 September, 2021

Telangana High Court
Rupireddy Eshwar Reddy vs The Arbitrator / Assistant ... on 28 September, 2021
Bench: P Naveen Rao
     IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
                        TELANGANA
                           ********

                WRIT PETITION NO.22306 OF 2020

Between:

Rupireddy Eshwar Reddy, s/o. Manohar Reddy,
Aged about 25 years, occu: Business,
r/o.2-7-143, Excise Colony, Warangal,
Warangal Urban District.
                                                           .....Petitioner

       and

The Arbitrator/Assistant Registrar, Field,
O/o the District cooperative Officer,
Warangal Urban District, Telangana
and others.

                                                       .....Respondents


DATE OF JUDGMENT PRONOUNCED                  :       28.09.2021



             THE HON'BLE SRI JUSTICE P.NAVEEN RAO



1.      Whether Reporters of Local Newspapers :      No
         may be allowed to see the Judgments ?


2.      Whether the copies of judgment may be :      Yes
        marked to Law Reporters/Journals


3.     Whether Their Lordship wish to            :   No
       see the fair copy of the Judgment ?
                                                                   PNR,J
                                                    W.P.No.22306 of 2020
                                  2


             *THE HON'BLE SRI JUSTICE P.NAVEEN RAO


+WRIT PETITION No.22306 of 2020


%28.09.2021


# Rupireddy Eshwar Reddy, s/o. Manohar Reddy,
Aged about 25 years, occu: Business,
r/o.2-7-143, Excise Colony, Warangal,
Warangal Urban District.

                                                       ...Petitioner

                        Vs.

$ The Arbitrator/Assistant Registrar, Field,
O/o the District cooperative Officer,
Warangal Urban District, Telangana
and others.
                                                .... Respondents


!Counsel for the petitioner     : Mr. S.Lakshmikanth


Counsel for the Respondents: Government Pleader for
                              Cooperation for respondents
                             1 & 2,
                              Mr. D.Goverdhana Chary,
                             counsel for 3rd respondent

<Gist :


>Head Note:


? Cases referred:

2010 (4) ALD 500 (DB)
(1998(1) M.P.L.J. 578
                                                                                                  PNR,J
                                                                                   W.P.No.22306 of 2020
                                                  3


               HONOURABLE SRI JUSTICE P.NAVEEN RAO

                      WRIT PETITION NO.22306 OF 2020
ORDER:

This Writ Petition is filed praying to grant the following relief:

" ..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of certiorari calling records pertaining to I.A.No.1 of 2020 in A.R.No.1 of 2020 on the file of Respondent No.1 and to quash the impugned order dated 21.11.2020 passed by the Respondent No.1 in I.A.No.1 of 2020 in A.R.No.1 of 2020 which is without jurisdiction and contrary to the provisions of Telangana Cooperative Societies Act 1964, and Telangana Cooperative Societies Rules, 1964 and pass such other order or orders in the interest of the justice."

2. The Ekasila Co-operative Housing Society Limited (Society) is

registered under Telangana Co-operative Societies Act 1964. This

Society was formed with the avowed objective to buy, sell, hire, let,

develop the land and to give loans to the members for construction

of new dwelling houses in accordance with the Cooperative

principles. The functioning of the Society is governed by the Bye-

laws formulated by the Society. Bye-law No.5 deals with

membership eligibility; Bye-law No.6 deals with the application for

membership; Bye-law No.8 deals with disqualification for

membership; and Bye-law No.42 deals with the procedure

governing allotment of house plots to the members. For the

purpose of this case, sub-clauses 101, 112 and 123 of clause 42 are

Clause-42: Procedure governing allotment of plots to members: Sub-clause (10): Every member to whom a plot has been allotted shall construct a residential house in accordance with the plans and designs approved by the society and the Town Planning Departments or such other competent authority within a period of one year from the date of allotment of the plot. If he requires any loan from the society under Low Income Group Housing Scheme he may however construct the house after the loan is sanctioned, but the application for loan shall be made within a period of six months from the date of conveyance of the site. In deserving case where the committee is satisfied, extention of time not exceeding six months may be granted, when site allottee proposes to construct his house with his own funds. If a member fails to construct the house within the period stipulated, the society, may with the permission of the Registrar resume the site and allot it to another member. The amount of the plot paid by the member, from whom the site has been resumed shall be paid back to him on its allotment to other member.

Sub-clause (11): Every member shall pay the cost of the plot allotted to him within a period of 90 days from the date of allotment and betterment levy as charged by the society shall also be paid by the member within the time prescribed by the society.

Sub-clause (12): The society shall execute the sale deed for the plot allotted to a member on payment of all costs and fees in full. Such costs shall include the cost of the land, legal fee, registration charge, betterment charges etc. Before the society executes the sale deed, the member shall also execute an agreement undertaking to pay to the society any additional levy that may be PNR,J W.P.No.22306 of 2020

relevant. Sub-clause 10 requires member, to whom a plot was

allotted to construct a residential house within one year from the

date of allotment of the plot. If a member fails to construct a house

within the period stipulated, the Society is entitled to resume the

site and allot it to another member. According to sub-clause 11,

member is required to pay the costs of the plot allotted to him

within 90 days from the date of allotment. It also requires

payment of betterment levy within the time prescribed by the

Society. According to sub-clause 12, on payment of all costs and

fees in full, the Society should execute the sale deed. Bye-law

No.43 deals with construction of houses.

3. Petitioner and 3rd respondent claimed to be the members of

the Society. As can be noticed from the averments in the

Arbitration Reference No.1 of 2020, according to 3rd respondent,

Society acquired Acs.10.35 guntas of land in Sy.Nos.1001/1 and

1015 of Hanamkonda village. Layout of house plots was formed

and 3rd respondent was allotted plot no.76 of an extent of 424.16

square yards coming within the Sy.No.1015 and the Certificate to

that extent was issued. Possession was granted to the 3rd

respondent and he continues to be in possession. According to 3rd

respondent, Kakatiya Urban Development Authority (KUDA)

approved the layout vide D.P.No.4/99. In the approved layout, plot

allotted to the 3rd respondent was renumbered as plot No.37.

According to the 3rd respondent, person by name Mr.

P.Ramachandra Reddy, who was the father-in-law of the 3rd

respondent and the member of the Society, was allotted plot No.75.

made by the society to meet any such further charges as it may have to incur in connection with the plot allotted to the member.

PNR,J W.P.No.22306 of 2020

After the HUDA approval, this was renumbered as plot No.38.

These two plots are adjacent and constitute a single block. On the

request of the other plot owners, by spending huge money, these

two plots were cleared of all bushes and kept clean.

4. According to third respondent, P.Ramachandra Reddy

executed the will on 22.04.2005 on the said plot in favour of Ingala

Anvita Desai, i.e., younger daughter of the 3rd respondent and

P.Ramachandra Reddy died on 09.11.2007. By virtue of will

executed by Ramachandra Reddy, Ingala Anvita Desai became the

absolute owner of the plot.

5. While so, third respondent claims that, 5th respondent

representing the Society executed deed of conveyance in favour of

petitioner on 17.07.2020. The conveyance deed shows plot

number as 57 Part as per D.P.No.4/99 with an extent of 157.50

square yards, showing the date of allotment of plot as 26.07.2016.

Third respondent claims that though it is shown as plot no.57

Part, it is nothing but carving out plot no.37 of the 3rd respondent,

as plot no.37 part.

6. He filed Arbitration Reference no.1/2020 before the Deputy

Registrar of Cooperative Societies on 12.11.2020 praying to declare

that 3rd respondent is holding possession of land in plot no.37 of

D.P.No.4/99 as full and absolute owner of the land while

cancelling the deed of conveyance dated 17.07.2020; pass orders

directing the 4th respondent Society to comply with the obligation

of the Society to convey a proper sale deed in favour of 3rd

respondent the whole of the plot allotted to him. The 3rd

respondent also filed I.A., in the said Arbitration Reference PNR,J W.P.No.22306 of 2020

no.1/2020 praying to suspend the operation of the sale deed dated

17.07.2020. The Deputy Registrar vide his proceedings

R.C.No.799/2000-B, dated 19.11.2020 appointed Mr. A.Jagan

Mohan Rao, Assistant Registrar/Field - Hanamkonda Circle, Office

of the District Cooperative Officer, Warangal Urban as Arbitrator.

7. The Arbitrator passed interlocutory order on 21.11.2020 in

I.A.No.1 of 2020 in A.R.No.1 of 2020 staying the operation of sale

deed dated 17.07.2020. Challenging the competency of the

Arbitrator in considering the dispute and passing interlocutory

order, this Writ Petition is filed.

8. This Court, by order dated 10.12.2020, granted interim

suspension. Praying to vacate the order of said interim suspension,

I.A.No.1 of 2021 is filed.

9. Heard Mr. S.Lakshmikanth learned counsel for petitioner,

the Assistant Government Pleader for Cooperation for respondents

1 and 2 and Mr. D.Goverdhana Chary, learned counsel for 3rd

respondent and with their consent, writ petition is taken up for

final disposal.

10. Learned counsel for petitioner as well as learned counsel for

3rd respondent made elaborate submissions on various aspects

regarding membership of the society, allotment of plots, alleged

illegalities in registration of plot in favour of the petitioner, scope of

competence of the Deputy Registrar to appoint Arbitrator,

jurisdiction of Arbitrator and his competence to pass interlocutory

orders.

PNR,J W.P.No.22306 of 2020

11. The dispute is between two members and a member and the

society. A member is contending that by illegally carving out the

plot allotted to him the Society sold his plot to another member.

12. The prayer sought before the Arbitrator reads as under:

IX. It is therefore prayed that the authority may be pleased to--

a) Declare that the plaintiff holding possession of the land in plot No.37 of D.P.No.4/99 is the full and absolute owner of the land in the said plot in its entirety while cancelling the deed of conveyance of sale dt.17.7.2020 registered in favour of the defendant no.3 as document no.15314/2020;

b) Also pass an order directing the defendant no.1 to comply with the obligation of the society to convey by a proper sale deed in favour of the plaintiff the whole of the plot of land as referred to above;

c) Pass such other order or orders as may be deemed fit and proper; and

d) Award costs of this arbitration reference to the plaintiff.

13. From the above extracted prayer, it is seen that in paragraph

(a) the third respondent herein prayed, (1) to declare him as

holding possession of the land in Plot No. 37; and (2) to cancel the

sale deed. Having regard to prayer sought, two aspects require

consideration. Firstly, whether this dispute is touching upon the

business of the society; and secondly, even if the first aspect is in

the affirmative, whether the Arbitrator can go into the validity of a

sale deed and nullify the same. Before going into these aspects, it

is appropriate to note the view taken by the Division Bench of this

Court in M.Venkataramana Vs. A.P. Co-operative Tribunal,

Hyderabad and others4.

2010 (4) ALD 500 (DB) PNR,J W.P.No.22306 of 2020

14. In M.Venkataramana (supra), in the dispute raised under

Section 61, the complainants questioned the alienations made by

the Society on parcels of land of the Housing Society, which were

earmarked for common purpose, to non-members and also sought

relief of cancellation of sale deeds. This dispute was referred to an

Arbitrator. The Arbitrator held that he has jurisdiction to decide

the dispute and declared the sale as null and void. The appeals

preferred by the alienees were dismissed. The Division Bench

extensively considered the scope of Sections 61, 62 and 121 of the

Act. The Division Bench of this Court held that dispute raised

before the Arbitrator cannot be termed as one touching the

business of the Society.

14.1. Dealing with the scope of jurisdiction of the Arbitrator and

barring the jurisdiction of the Civil Court, the Division Bench held:

"35. Though Section 121 of the Act bars the action before the civil Court, the same is confined only to such orders, refusals, decisions or awards passed or directions issued or actions taken in accordance with the Act or Rules made thereunder in respect of which penalty is attached. When once it is shown that the action taken by the society, which is subject-matter of the dispute raised before the Registrar is one not in accordance with the provisions of the Act or Rules and in respect of which, no adequate or effective remedy is provided for resolving such a dispute within the framework of the Act, the bar of jurisdiction of the Civil Court does not come into operation. The Act, admittedly, does not provide for any machinery for determining the rights and liabilities arising out of a transaction like the present one, whereunder, the vacant extents belonging to the society and earmarked for a common purpose, are said to have been illegally alienated in favour of the petitioners, who are strangers. The Act does not contemplate grant of relief of the nature prayed for by the respondents 3 to 7 pertaining to the alleged illegal alienation by the society in favour of the petitioners, like cancellation of the sale deeds, a relief which, the civil Court is certainly empowered to grant."

14.2. On whether the transaction in issue forms part of the

business of the Society, the Division Bench held:

"29. It can be seen from the above provision that among other things, actions taken in accordance with the Act or Rules made thereunder shall be final subject to the provisions of the appeal, revision and review and no such action taken shall be liable to PNR,J W.P.No.22306 of 2020

be called in question in any Court or forum. In order to attract immunity from being questioned in a civil Court, action taken must be one, which is in accordance with the Act or Rules made thereunder. Before a dispute can be referred to Arbitration under Section 61(1), it must be shown that the said dispute is one touching the constitution, management or business of the society. Admittedly, the present dispute regarding the alienation of an extent of 3.2 cents in favour of M. Venkatramana and 3 cents in favour of RCS Raju, are not disputes touching the constitution or management of the society. According to the respondents 3 to 7, the dispute is one touching the business of the society, which proposition is vehemently opposed by the petitioner. It is, therefore, to be considered whether the dispute, which arose due to the alienation of the above extents by the 8th respondent-society in favour of the petitioners, is a dispute touching the 'business' of the society?

44. In the present case, the complaint is of course against the society itself with regard to the alienation of the sites in favour of the petitioners. However, such alienation which, even according to the respondents 3 to 7, being illegal and beyond the authority of the society and in violation of the provisions of the Act and Rules, the same cannot be construed as a dispute touching the business of the society. By granting relief of setting aside the alienations and cancelling the sale deeds in respect of a dispute, which is not one touching the business of the society, the Arbitrator-2nd respondent certainly exceeded the jurisdiction and acted beyond the scope of his authority. In order to attract the section, it is sufficient, if there is a dispute touching the business of the society. It is not necessary that the dispute should arise directly, out of the business of the society. It would be touching of the business of the society if the dispute has any relevancy or is in any way connected with the business of the society.

46. In the present case, alienation of the vacant site that too earmarked for common purpose in favour of strangers or doing any real estate business with the land acquired for the avowed objective of providing dwelling houses to the members of the society cannot be considered to be an act arising directly out of 'the business of the society' or even 'touching the business of the society'. As such the alleged unauthorized and illegal alienation of the vacant sites in favour of strangers has no relation to nor is in any way connected with the business of the society, namely, providing dwelling houses to the members of the society or any ancillary activity relatable to the conduct of the said business of the society. As observed by this Court in Hyderabad Sheet Metal and Allied, Industry's case (supra), the finding that the alienations made by the society in favour of the petitioners do not give raise to a dispute touching the business of the society, does not amount to approval of the impugned action of the society inducting third parties in possession of the vacant sites earmarked for common purpose as alleged and it is certainly open to the competent Civil Court having jurisdiction to decide the dispute, if raised before the civil Court, independently on its own merits.

47. The word 'business' cannot be construed so as to include any illegal transaction of the society or its members purporting to act as members of the society violating any statutory provisions and entering into a transaction, when such transaction cannot be treated as part of business of the society.

PNR,J W.P.No.22306 of 2020

51. As rightly contended by the learned Counsel for the petitioners that the genuineness or otherwise of the sale deeds, the identity and nature of the land in dispute, whether the alienations are liable to be set aside and the sale deeds are liable for cancellation, and whether the constructions made by the petitioners on the disputed land are liable to be demolished or not, are all matters, which are outside the scope of Section 61 of the Act, as they do not relate to 'business of the society', which can be referred to and adjudicated upon by the Arbitrator. When once, the sale deeds are executed and registered, title in the property covered by the sale deeds gets legally transferred in favour of the vendees and even the vendor cannot unilaterally cancel the same. In case the transaction is found to be illegal and beyond the authority of the society, necessary recourse has to be taken to the provisions of the Specific Relief Act, which provides for cancellation of documents and decrees." (emphasis supplied)

15. This very issue was also considered by the Madhya Pradesh

High Court in Kusum S. Verma and another vs. Pritam Singh

Gulati and another5, the Housing Society sold plot to plaintiff.

Alleging that the Society was contemplating to cancel the sale

deed he filed suit in a civil Court praying to grant decree to declare

that he was owner-in-possession, that defendants had no right to

cancel or challenge the right, title and interest accrued to the

petitioner and also sought for permanent injunction. During the

pendency of the suit plot was sold to another person by the

Society. This was also assailed. On a preliminary issue of

jurisdiction, the civil Court held that suit is maintainable.

Aggrieved thereby, Civil Revision was preferred in the High Court.

The Madhya Pradesh High Court held,

"22. However, taking into consideration the pleadings of the parties and the nature of the claim as set forth in the plaint, in the present case, it is obvious that the dispute raised by the plaintiff cannot by any stretch of imagination be taken to be a dispute touching the constitution, management or business of the society. The society, ex facie had parted with its interest in the plot in dispute with the execution of the sale deed dated 19th June, 1981. The transaction of sale of the plot stood completed with the registration of the sale-deed. In case, this sale-deed was voidable; its effect could only be taken away by avoiding the same and getting it cancelled through a civil Court of

(1998(1) M.P.L.J. 578 PNR,J W.P.No.22306 of 2020

competent jurisdiction. So long as a voidable sale-deed is not cancelled, it continues to remain valid and effective.

23. The business of the Society as has already been noticed hereinabove was to acquire the land and after carving out the plots; sell them to its members for raising residential houses.

24. I am of the considered opinion that the dispute in regard to the invalidity of a particular sale deed and its cancellation on the ground that it was voidable could only be determined and adjudicated upon by a civil Court of competent jurisdiction.

25. I am further of the considered opinion that in such matters, a dispute, if any; relating to the transaction regarding a sale could be referred to the Registrar only upto the stage anterior to the passing of the title and not thereafter. A void sale deed which has to be treated as non est is however liable to be ignored at any stage.

26. In a case where the transaction of sale is claimed by the society to be voidable and further in all such cases where the relief claimed by the plaintiff is such which cannot be granted by the Registrar or in any forum contemplated under the Act, even in those cases the bar of section 84 of the Act cannot be said to have been attracted. A decree of permanent prohibitory injunction and declaration as sought for by the plaintiff could not have been granted in any forum provided under the Act. In this view of the matter also, the Civil Court could not be taken to have been ousted of its jurisdiction with which it stood vested under the provisions of Civil Procedure Code, 1908, to deal with the suit filed by the plaintiff." (emphasis supplied)

16. As per Section 9 of Code of Civil Procedure, Civil Court is

vested jurisdiction to adjudicate all suits of civil nature. Exclusion

of jurisdiction of Civil Court to adjudicate suit of civil nature is an

exception which can be carved out by a statute. Such exclusion

has to be clear and specific. It cannot be inferred.

17. Section 616 of the Act, requires referring a dispute, broadly

touching upon the constitution, management or the business of a

S. 61. (1) Notwithstanding anything in any law for the time being in force, if any dispute touching the constitution, management or the business of a society, other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee of the society, arises-

(a) among members, past members and persons claiming through members, past members and deceased members; or

(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society; or

(c) between the society or its committee, and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heir or legal representative of any deceased officer, deceased agent or deceased employee of the society; or

(d) between the society and any other society.

Such dispute shall be referred to the Registrar for decision: Provided that the such dispute has already been referred to the subcommittee of the society constituted for the purpose and could not be resolved by such subcommittee amicably, it shall be referred to the Registrar for decision.]

(2) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a society, such question shall be decided by the Registrar.

PNR,J W.P.No.22306 of 2020

society to the Registrar. On such reference the Registrar may

himself decide the dispute or entrust to any other authorised

officer or refer to an Arbitrator (Section 627). These two sections

provide mechanism to redress a dispute/grievance on aspects

provided therein.

18. Further, on a careful reading of Section 1218 of the Act,

1964, it is seen that the exclusion of jurisdiction of Civil Court is

against orders, refusals, decisions or awards passed or directions

issued or actions taken in accordance with the Act or the Rules.

This provision does not bar the jurisdiction of the Civil Court to

decide a dispute if that dispute is civil in nature. Further,

orders/refusals/decisions/awards/directions/actions have to be in

accord with the Act/the Rules.

19. Issues of possession, including extent of possession, illegality

of a deed of conveyance affecting claim of a person on a parcel of

land and to enforce specific performance of an agreement/

understanding/assurance are disputes of civil in nature. On a

(3) Every dispute relating to, or in connection with, any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision thereon shall be final.

(4) Every dispute relating to, or in connection with, any election shall be referred under sub-section (3) only after the date of declaration of the result of such election.

.

S 62. (1) The Registrar may, on receipt of the reference of a dispute under section 61-

(a) elect to decide the dispute himself; or

(b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf; or

(c) refer it for disposal to an arbitrator.

(2) Where the reference relates to any dispute involving immovable property, the Registrar or such person or arbitrator, may order that any person be joined as a party who has acquired any interest in such property subsequent to the acquisition of interest therein by a party to the reference and any decision that may be passed on the reference by the Registrar, or the person or the arbitrator aforesaid, shall be binding on the party so joined as if he were an original party to the reference.

(3) The Registrar may, by order for reasons to be recorded therein, withdraw any reference transferred under clause (b) of sub- section (1) or referred under clause (c) of that sub-section and may elect to decide the dispute himself or transfer it to any other person under clause (b) of subsection (1) or refer it to any other arbitrator under clause (c) of that sub-section.

(4) The Registrar, such person or arbitrator shall decide the dispute in accordance with the provisions of this Act and the rules and bye-laws and such decision shall, subject to the provisions of section 76, be final. Pending final decision on the dispute, the Registrar, such person or arbitrator, as the case may be may make such interlocutory orders as he may deem necessary in the interest of justice.

S.121. (1) Save as otherwise expressly provided in this Act, all orders, refusals, decisions or awards passed or directions issued or actions taken in accordance with this Act or the Rules made thereunder shall be final subject to the provisions for appeal, revision and review and no such order, refusal, decision, award, direction or action taken shall be liable to be called in question in any Court or Forum.

(2) While a society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with, or instituted against, the liquidator as such or against the society or any member thereof on any matter touching the affairs of the society except by leave of the Registrar and subject to such terms and conditions as he may impose:

Provided that where the order of winding up is cancelled, the provisions of this sub-section shall cease to apply in relation to the society and any member thereof, but shall continue to apply to the person who acted as liquidator.

PNR,J W.P.No.22306 of 2020

conjoint reading of Sections 61, 62 and 121 of the Act, 1964, it is

beyond pale of doubt that jurisdiction of civil Court is not ousted

on the issues raised by the 3rd respondent and on the contrary, on

the prayers sought by the third respondent before the Arbitrator,

the Arbitral proceedings are not maintainable.

20. On this aspect, I am guided by the decision of the Division

Bench in M.Venkataramana (supra). The Division Bench held

that once a sale deed is executed and registered by the society on a

parcel of land/house plot, the title gets transferred to the vendee

and the society is no more concerned with said property. It is no

more the business of the society. Apart from the fact that after

sale deed was executed title of the property vested in the petitioner

and the Society cannot unilaterally cancel the sale deed, the issue

of possession, extent of possession claimed by the 3rd respondent

and legality and validity of a sale deed executed by the Society in

favour of the petitioner require adducing evidence, consideration of

evidence brought on record and decision thereon after considering

the rival submissions to the dispute. Further, the plot claimed by

the 3rd respondent was not registered in his name by the Society.

Thus, both the reliefs sought by the 3rd respondent cannot be

granted by the Arbitrator and these aspects are disputes of civil in

nature require adjudication by a civil Court and the Arbitrator has

no competence to deal with such aspects.

21. Thus, the Registrar erred in entertaining the dispute raised

by the 3rd respondent and referring the dispute to the Arbitrator.

Writ Petition is accordingly allowed. However, liberty is granted to

3rd respondent to work out his remedies as available in law. It is PNR,J W.P.No.22306 of 2020

also made clear that there is no expression of opinion on merits

and it is open to parties to raise all pleas available to them in

appropriate proceedings. Pending miscellaneous petitions if any

shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date: 28.09.2021 KKM/tvk PNR,J W.P.No.22306 of 2020

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO.22306 OF 2020

Date: 28.09.2021 Kkm

 
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