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High CourtsDivision Bench(2021) 04 SHI CK 0260

Vinod Kumar vs State Of Himachal Pradesh & Other

High Court Of Himachal Pradesh · Decided on 28 April 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2685 Of 2021

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Judgment

8 paragraphs · 355 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for the following substantive reliefs:

"1. That the impugned order dated 08.03.2021 passed by respondent No. 2 at Annexure P-9, whereby the revision petition of the petitioner has been dismissed may very kindly be quahsed and set aside.

2.

That the impugned office order dated 13.08.2020 at Annexure P-3, whereby the Arbitrator has been appointed at the back of the petitioner, may very kindly be quashed and set aside and the proceedings initiated by the respondent No. 4 on the basis of order dated 13.08.2020 may also very kindly be quashed and set aside and the respondents No. 3 and 4 further directed to decide the applications at Annexure P-5, P-6 and P-7 pending with them in accordance with law."

2.

It appears that the petitioner is only trying to prolong the proceedings that have been initiated against him on one pretext or the other. One of the grievances of the petitioner is that he has not been put to notice before ordering appointment of an Arbitrator. However, he failed to point-out any such provision of law, which entitles a party to put a notice to it before appointing an Arbitrator.

3.

As regards non-supply of arbitration application to him, it goes without saying that since the proceedings before Arbitrator-cum-District Audit Officer, Co-Operative Societies, Bilaspur, District Bilaspur, H.P., are quasi judicial in nature, therefore, it is incumbent upon that Authority to supply the complete records to the petitioner and in case the same has not been done till date, it shall be ensured that the needful be done within two weeks from today.

4.

Lastly, as regards the grievance of the petitioner to engage a Legal Practitioner, that is within the sole discretion of Arbitrator to permit or not to permit a Legal Practitioner from appearing before him, keeping in view the letter and spirit of Himachal Pradesh Co-Operative Societies Act, 1968 and Co- Operative Societies Rules, 1971, framed thereunder.

The petition stands disposed of in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.