REGISTRAR, CO-OPERATIVE SOCIETIES, WEST BENGAL versus KRISHNA KUMAR SINGHANIA AND ORS.

REGISTRAR, CO-OPERATIVE SOCIETIES, WEST BENGAL versus KRISHNA KUMAR SINGHANIA AND ORS.

The scheme of the West Bengal Cooperative Societies Act, 1983 is inconsistent with the Arbitration Act, 1940. Section 46 of the Arbitration Act does not apply to proceedings under the Act. The Registrar does not become functus officio after expiry of the time period; arbitration does not abate, and the Registrar may...

Source-derived case information.

Parties
Appellant: Registrar, Co-operative Societies, West Bengal; Respondent: Krishna Kumar Singhania; Third Respondent: Devi Prasad Lehari
Jurisdiction
India
Judgment Date
17 August 1995
Procedural Posture
Civil Appeal / Decision on Appeal From Single Judge, Calcutta High Court, Matter No. 686 of 1991
Outcome
Appeal allowed
Legal Topics
Statutory Arbitration, Applicability of Arbitration Act, 1940 to Special Statutes, Registrar's Powers, Extension of Time for Arbitration, Abatement of Arbitration Proceedings
Arbitration Co Operative Societies Statutory Arbitration Applicability of Arbitration Act, 1940 to Special Statutes Registrar's Powers Extension of Time for Arbitration Abatement of Arbitration Proceedings

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Summary, issues, holding and outcome

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Parties

Registrar, Co-operative Societies, West Bengal

Appellant

Krishna Kumar Singhania

Respondent

Devi Prasad Lehari

Third Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Single Judge, Calcutta High Court, Matter No. 686 of 1991

Legal Issues

  1. 1 Whether the Registrar becomes functus officio after expiry of one year under Section 96 of the West Bengal Cooperative Societies Act, 1983
  2. 2 Whether arbitration proceedings abate after expiry of period
  3. 3 Whether Section 46 of the Arbitration Act, 1940 applies to arbitrations under the West Bengal Cooperative Societies Act, 1983

Ratio Decidendi

The scheme of the West Bengal Cooperative Societies Act, 1983 is inconsistent with the Arbitration Act, 1940. Section 46 of the Arbitration Act does not apply to proceedings under the Act. The Registrar does not become functus officio after expiry of the time period; arbitration does not abate, and the Registrar may withdraw reference and appoint a new arbitrator or decide the dispute himself. The High Court erred in revoking the arbitrator's appointment and substituting another under the Arbitration Act.

Court Disposition

Appeal allowed

Orders

  • Registrar directed to withdraw the dispute and either decide himself within six months or appoint a new arbitrator within one month of application; matter to be decided within six months.