KUMARADAS Vs. INDIAN MEDICAL PRACTITIONAL CO OP PHARMACY
LAWS(DLH)-2007-1-141
HIGH COURT OF DELHI
Decided on January 23,2007

KUMARADAS Appellant
VERSUS
INDIAN MEDICAL PRACTITIONERS' CO-OP.PHARMACY AND STORES LTD. Respondents

JUDGEMENT

Gita Mittal, J. - (1.) By this petition under Section 9 of the Arbitration & Conciliation Act, 1996, the petitioner has invoked the jurisdiction of this court contending that he has raised an arbitration dispute before the Central Registrar appointed under the provisions of the Multi State Co-operative Societies Act, 1984 before the Central Registrar at New Delhi under Section 84 of the Act. It is pointed out that by virtue of Section 84 sub-section 5 of the statute, the provisions of the Arbitration & Conciliation Act, 1996 are applicable to the arbitration proceedings under the Multi State Co-operative Societies Act, 1984 and consequently this court has jurisdiction under Section 9 to grant the relief prayed for.
(2.) The undisputed factual matrix to the extent necessary for adjudication in the present case are noticed hereafter. The Indian Medical Practitioners' Co-op. Pharmacy and Stores Ltd. is a co-operative society registered under the Multi State Co-operative Societies Act, 1984 which is engaged in the business of manufacture of medicines in all the three systems of Indian medicines namely, Sidha, Ayurvedha and Unani. The society is stated to have been established in the year 1944 and its members are doctors in the three systems of the Indian medicine numbering over fourteen and thousand at present.
(3.) As per the scheme of the Multi State Co-operative Societies Act, 1984, it provides for a Board to administer and manage the affairs of the society. The members of the board are elected by the general body of the society. The election of the members of the Board is governed by Section 35 of the statute while Section 37 provides the restriction on holding of office for more than two tenures by the office bearers of the Board. So far as removal of elected members of the board are concerned, the same is permitted under Section 47 of the statute. It provides the only circumstances in which the elected members of the board can be removed from the board and the manner in which such removal can take place.;


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