DURGA SEVAK SHARMA Vs. REGISTRAR, CO-OPERATIVE SOCIETIES, JAIPUR
LAWS(RAJ)-2012-4-215
HIGH COURT OF RAJASTHAN
Decided on April 10,2012

Durga Sevak Sharma Appellant
VERSUS
Registrar, Co -operative Societies, Jaipur Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the petitioner assailing the demand notice served upon the petitioner under Sec. 94(5) of Rajasthan Cooperative Societies Act, 2001 ("Act, 2001") issued by the Assistant Registrar, Cooperative Societies, Dholpur dt. 27.03.2012 (Annx. 7). It appears from the record that earlier notice came to be served upon the petitioner under Sec. 99(1) of the Act, 2001 dt. 25.03.2010 (Annx. 1) and thereafter a further notice was served under Sec. 99(2) of the Act, 2001 dt. 28.06.2010 (Annx. 3) and since no satisfactory response came forward pursuant to the notices served, decision was taken for recovery of debt pursuant to demand notice dt. 27.03.2012 (Annx. 7).
(2.) HOWEVER , for such nature of disputes the Act, 2001 provides protection of raising dispute by way of reference under Sec. 58 of the Act, 2001 and such disputes if raised, reference has to be made under Sec. 60 of the Act, 2001 to be settled through arbitration and that being the remedy which the law permits and even against the order of Arbitrator further remedy of appeal to the cooperative tribunal has been provided and once complete mechanism is being provided under the Act, 2001, this Court is not inclined to exercise its extraordinary jurisdiction under Art. 226 of the Constitution. Consequently, the petition fails and is hereby dismissed.;


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