M/S. J. SQUARE STEELS PVT. LTD. Vs. THE UNION OF INDIA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
M/S. J. Square Steels Pvt. Ltd.
THE UNION OF INDIA
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(1.) By consent of parties, the aforesaid matters were clubbed and were heard together and are being disposed of by this common judgment.
(2.) Writ Petition No.5528/2010 is filed by M/s J. Square Steel Pvt. Ltd., the principal borrower of Abhyudaya Co-operative Bank Ltd. has filed the said Writ Petition, interalia praying for a declaration that Section 84 of the Multi-state Co-operative Societies Act, 2002 (for short the said Multi-state Act ) is unreasonable, arbitrary and is violative of Article 14 of the Constitution of India and deserves to be set aside. The petitioner also seeks a declaration that the Arbitrator is required to be appointed only after dispute is forwarded by the Bank or anyone else before the Central Registrar under Section 84 of the Multi- state Co-operative Societies Act , 2002 and that the Arbitrator shall be appointed in case to case by applying mind and one person cannot be appointed as an Arbitrator for the existing and/or for future disputes. The petitioner also seeks declaration that the learned Arbitrator Shri S.M. Nadgauda appointed by the Central Registrar was not appointed in accordance with the provisions of Section 84 of the Multi-state Act and his appointed deserves to be quashed and set aside.
(3.) The petitioner had also amended the Writ Petition and applied for a declaration that the award dated 25.8.2010, passed by the learned Arbitrator is null and void in view of his alleged illegal appointment under Section 84 of the Multi-state Act being ultra vires to the constitution of India.;
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