The Fishermen Cooperative Society Ltd., v. The Arbitrator, Assistant Director Of Fisheries,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.14826 OF 2015 ORDER:

Heard the learned counsel for the petitioner, the learned Government Pleader for the first respondent and the learned Standing Counsel for respondent Nos.2 and 3.

The petitioner is a Society covering nearly 13 villages. A regular body is conducting affairs of the Society pursuant to the elections etc., to the Society. However, it appears that the former President of the Society, in contravention of the resolution of the General Body dated 03.10.2013, passed a resolution on 10.10.2013 at the fag end of his tenure making some entries resulting in a dispute between the present managing body and the former President. The former President of the Society, who is not arrayed as a party in the present Writ Petition, filed an arbitration application in AR.No.1 of 2015 before the first respondent. In the said proceedings, the first respondent passed an order on 18.03.2015. Challenging the same, the present Writ Petition is filed.

This Court is not inclined to go into the merits of the case. The first respondent is seized of dispute between the present Managing Committee and the former President and passed an order to maintain status quo pending resolution of the disputes between the parties. However, since the main matter is pending consideration before the first respondent, the first respondent is directed to complete the arbitration proceedings within a period of three months or lesser period after following due process of law and pass an award. However, this order will not prevent the petitioner from filing an appropriate application seeking modification/variation of the impugned order before the first respondent. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ________________________ (A.RAMALINGESWARA RAO, J)

23rd June 2015 RRB