1 2025:CGHC:34785 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3807 of 2025 1 - Mithalesh Singh Thakur S/o Late Mr. Anand Singh Thakur, R/o Quarter No. 1 A, Road No. 11, Sector 2, Bhilai, District Durg (Chhattisgarh) 2 - Nalin Sharma, Treasurer And Telecom Technician, Auto Exchange Building Raipur, District Raipur (Chhattisgarh) ... Petitioner(s) versus 1 - Laxmi Narayan Mehato S/o Late Mr. J.R. Mehato R/o House No. 239, Road No. 03, Sector 1, Professor Colony Raipur (Chhattisgarh) 2 - Bhikham Lal Gangber S/o Late Mr. Ram Singh Gangber, R/o House No.-175, Road No.-3, Sector-1, Professor Colony, Raipur (Chhattisgarh) 3 - Ravishankar Bhatt S/o Late Mr. B.L. Bhatt, R/o 784/13, Mohan Nagar, Durg, District Durg (Chhattisgarh) 4 - Registrar, Cooperative Societies, Chhattisgarh, Indravati Bhavan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. ---- Respondents For Petitioners : Mr. Abhinav Tiwari, Advocate For State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.22 17:16:34 +0530 2 22/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1) That, the Hon'ble court be pleased to call the entire record pertaining to the case of petitioner from the Arbitrator for kind perusal. 10.2) That, the Hon'ble court may kindly be pleased to issue appropriate write by quashing impugned award dated 07.05.2025 which relates to appointment of co passed by Arbitrator and Joint Registrar. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted. 2. Counsel for the petitioner submits that the present petition has been filed against the award dated 07.05.2025 passed by the Arbitrator and Joint Registrar, Cooperative Societies, Raipur Division, Raipur (CG), whereby the petitioner who is working on the post of President at the T&P Workers Thrift Cooperative Society Limited has been removed from the post of President by impugned award dated 07.05.2025 with initiate Arbitral proceeding and in this award, Arbitrator has exceeded his jurisdiction. 3. Counsel for the State-respondents contended that the alternate remedy available to the petitioner under the Arbitration and Conciliation Act, 1996, therefore, this petition is not maintainable. 3 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. Further considering the relevant provisions of the Multi-State Co-operative Societies Act, 2002. Section 84(5) of the Act, 2002 provides as under :- “Save as otherwise provided under this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all arbitration under this Act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the Arbitration and Conciliation Act, 1996.” 5. In view of the above, it is crystal clear that in the present case the Arbitration and Conciliation Act, 1996 would be applicable. Provisions of Section 34 of the Arbitration and Conciliation Act, 1996 deals with an application for setting aside the arbitral award, therefore, there is alternative remedy available to the petitioner. This petition is not maintainable accordingly. 6. However, the petitioner is at liberty to file appropriate application under Section 34 of the Arbitration and Conciliation Act, 1996 before the appropriate Forum, if law permits. Sd/- (Arvind Kumar Verma) Judge Vasant