SPA/11/2023
2023 Latest Caselaw 248 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                 SPECIAL APPEAL NO. 11 OF 2023

                        12th JANUARY, 2023

Between:

Lathardeva Hoon Matsya Jivi
Sahakari Samiti through its
Chairman Sri Satbir                       ......         Appellant

and

Lathardeva Hoon Matasya Jivi
Sahakari Samiti through its
President / Secretary
Maan Singh and others                     ......        Respondents


Counsel for the appellant     :    Mr. Siddhartha   Singh,   learned
                                   counsel

Counsel for the respondents   :    Mr. K.N. Joshi, learned Deputy
                                   Advocate General for the State /
                                   respondent Nos. 2 to 7


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The submission of learned counsel for the

appellant is that the learned Single Judge stayed the

operation of the order dated 19.10.2022, passed by the

Secretary,      Cooperative       Societies,   Government        of

Uttarakhand, on the premise that an appeal against the

order made by the Arbitrator did not lie before the State

Government.
                            2




2)        It appears to us that the foundation on which

the impugned order has been passed is sound, for the

reason that under Section 98(2)(b), an appeal in respect

of an award, which is made by a person other than the

Registrar, lies before the Registrar. In the present case,

the Registrar appointed the Arbitrator, who happens to

be a Sub Registrar, and the Sub Registrar rendered the

award.


3)        That being the position, it appears to us that

the appeal against the award could be maintained before

the Registrar by resort to Section 98(2)(b) of the

Uttarakhand Cooperative Societies Act, 2003.


4)        We are, therefore, not inclined to interfere

with the impugned order.       The appeal is accordingly,

dismissed.


5)        Interim Relief Application (IA No. 01 of 2023)

also stands disposed of.


                                     ________________
                                     VIPIN SANGHI, C.J.



                                  _________________
                                 ALOK KUMAR VERMA, J.

Dt: 12th JANUARY, 2023 Negi