The petitioners are aggrieved with the arbitration case initiated by the 2nd respondent Society as indicated at Ext.P1. The contention seems to be that, the case under Section 69 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act') has been filed before the Registrar and not the Arbitrator. In fact, the primary fallacy in the above contention is that, the Registrar/Joint Registrar/Assistant Registrar constituted under Section 69 is termed the Arbitrator. Section 69(1) (h) speaks of disputes to be adjudicated by the Arbitration Court and the Registrar; the former dealing with non monetary disputes and the latter with the monetary disputes. The contention seems to be that, the case is to be filed before the Registrar and not the Arbitrator. WP(C).25370/13 2
2. Section 3 of the Act speaks about the powers of Registrars, which can be exercised by the Assistant Registrars also. The Registrar/Assistant Registrar so constituted to decide the monetary disputes in common parlance, are referred to as Arbitrators, in distinction to the Co-operative Arbitration Court. Specifically the term Arbitrator is referred to under Section 70(4). The Registrar has been conferred with the power to transfer any dispute under sub-section (1) of Section 69 to any person conferred with such powers by the Government, in section 70(4) and clause (c) speaks of reference to any 'Arbitrator', appointed by the Registrar. Again sub-section (6) of Section 70 specifies that the Registrar or the Arbitrator is conferred with the powers to pass an Award in accordance with the provisions of the Act. The petitioner's contention as to lack of jurisdiction, hence, has to be negatived.
WP(C).25370/13 3
3. The petitioner has an alternate contention that the Society has resolved to withdraw the Arbitration Case. If that be so, it is for the 2nd respondent Society to withdraw the Arbitration Case filed before the Arbitrator.
The writ petition is found to be devoid of merit and the same is dismissed, leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//