ASHWANI KUMAR MISHRA, J. - (1.) This writ petition has been filed with the following prayer:- "(i) a writ, order or direction in the nature of certiorari to quash the illegal proceedings initiated after conclusion of proceedings by passing the final order/judgment and direct the respondents to restraint from proceeding further in Case Nos.74/2014-15, 76/2014-15 and 77/2014-15, vide order dated 2.4.2016."
(2.) Petitioner Yogesh Kumar has approached this Court with the assertion that proceedings of arbitration got initiated in respect of a dispute between the members and 509 Army Base Workshop Workers Cooperative Society, in which Sri Subhash Chandra, Joint Commissioner- cum-Joint Registrar Co-operative was appointed the arbitrator. It is stated that the proceedings continued before the arbitrator, and judgment was reserved in the matter on 19th March, 2015. According to the petitioner on 23rd March, 2015, awards were delivered in Case Nos.74 of 2014-15, 76 of 2014-15 and 77 of 2014-15. These awards have been brought on record of the writ petition as Annexure-2. It is stated in the writ petition that the awards have attained finality, and have not been challenged any further. Petitioner asserts that thereafter notices have been issued by the arbitrator calling upon petitioner to appear in proceedings of Arbitration Case Nos.74 of 2014-15, 76 of 2014-15 and 77 of 2014-15, vide notice dated 2nd April, 2016. Date has been fixed for appearance in the matter on 27 th April, 2016. It is at this stage that petitioner felt aggrieved, and has filed this petition.
(3.) The writ petition was entertained, and following orders were passed in the matter on 3rd May, 2016:- "The challenge in this petition is to the proceedings in respect of Misc. Case No.74 of 2014-15, 76 of 2014-15 and 77 of 2014-15 before the Dy. Commissioner/Dy. Registrar Co-operative Societies, Meerut Division, Meerut. Sri Sujeet Kumar Rai, has put in appearance on behalf of respondent No.4. He submits that for the same cause of action the petitioner has filed another writ petition which is pending before the Division Bench and is likely to come up on 9th May, 2016. He has produced the copy of the aforesaid writ petition. I have perused the same and find in the said writ petition the cause of action arises out of Misc. Case No.73 of 2014-15, 75 of 2014-15 and 78 of 2014-15. In view of above, the aforesaid petition is in respect of different proceedings and not those in relation to Case No.74 of 2014-15, 76 of 2014-15 and 77 of 2014-15. The argument of learned counsel for the petitioner is that all the above three cases have already been decided by the award dated 23.03.2015 passed by the Joint Commissioner/Joint Registrar, Co-operative Societies, Meerut. Therefore, the issuance of notices dated 2nd April, 2016 requiring the petitioner to appear and the participate in the said proceedings is wholly without jurisdiction. Sri R.S. Gupta, learned counsel appearing for respondent No.5 submits that the awards dated 23.03.2015 which have been annexed with the petition are totally fake documents and are not part of the record of the proceedings and as such it is misconceived to allege that the above referred matters have decided. Learned Standing Counsel appearing for respondents No.1 and 2 is directed to obtain the record of the above proceedings from the office of the Joint Commissioner/Joint Registrar, Co-operative Societies, Meerut and to produce the same before the court in a sealed cover on 10th May, 2016. Put up on 10th May, 2016." ;