- (1.) Mehtab S. Gill, J.PetitionerThe Haryana State Co-operative Supply and Marketing Federation Limited, Chandigarh (for short the HAFED) has filed a writ in the nature of certiorari for quashing the order dated February 19, 1999 (Annexure P-4) passed by respondent No. I the Joint Secretary to Government Haryana, Co-operative Department. Chandigarh. Petitioner HAFED has further prayed for quashing of arbitration reference dated February 24, 1998 (Annexure P-2).
(2.) Petitioner-HAFED has averred that it is an Apex Society duly registered under the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as the Act). It is governed by the Board of Directors duly constituted by the Registrar. Co-operative Societies, Haryana (respondent No. 2).
(3.) It has been further averred that the Manager or Assistant Manager of the Co-operative Agriculture and Marketing Society, who has to handle fertilizer through the petitioner-HAFED are its employees. Each year the requirement of fertilizer is to be determined both by the Assistant Registrar, Co-operative Societies as well as Deputy Director, Agriculture. In the year 1980, the petitioner-HAFED supplied CAN 25% on the basis of assessment made by the Director, Agriculture as well as Assistant Registrar, Co-operative Societies. The Fertilizer CAN weighing 402.6MT was supplied and remained in the godown. Out of this quantity supplied, respondent No. 3-The Shahbad Co-operative Marketing Society Limited. Shahbad (for short the Society) sold 88.15 MT and balance of stock weighing 305.45 MT amounting to Rs. 2,28,782/- remained with it as unsold to farmers. Respondent No. 3-Society made a reference for arbitration as required under Sections 102/103 of the Act on the plea that the fertilizer was supplied without any demand/indent from it. The supply was contrary to the scheme and stock of the fertilizer remained in the godown of respondent No. 3-Society and with the passage of time, it became substandard. A claim was lodged on account of amount paid for stock in addition to interest on the amount paid together with rental charges of godown as the stock was kept therein on behalf of the petitioner-HAFED. The reference to arbitration was made to Registrar, Co-operative Societies, Haryana (respondent No. 2). which was decided by Additional Registrar (Marketing) Co-operative Societies. Haryana, Chandigarh on behalf of respondent No. 2.;