Allahabad High Court
Hari Om Pandey And Others vs Union Of India Thru.Secy.Ministry Of ... on 15 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- WRIT - C No. - 6353 of 2022 Petitioner :- Hari Om Pandey And Others Respondent :- Union Of India Thru.Secy.Ministry Of Agriculture Deptt.Of Agri. And Co-Operation, New Delhi Andors Counsel for Petitioner :- Syed Ali Rehan Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the petitioners and Sri Devrishi Kumar, learned counsel who has put in appearance on behalf of respondent no. 1 and 2.
Sri Devrishi Kumar, learned counsel appearing for Union of India has submitted that any dispute between the employees of a multi state co-operative society and the society is amenable to the arbitration proceedings by virtue of Section 84 of the Multi State Co-operative Societies Act, 2002.
In the present case, however, liquidation proceedings have come to be initiated under Section 89 of the Act, therefore, the same have precedence over any other proceedings for the settlement of rights and liabilities.
At this stage, learned counsel for the petitioners chose not to press relief clause nos. 1, 2 & 3 and has confined his grievance to the relief clause no.4 which reads as under:-
"iv. Issue a Writ, Order or direction in the nature of mandamus commanding the opposite party no.11 to complete the process of liquidation with the specified time till all the liabilities of the society towards its members and depositors are fulfilled by the society."
It is submitted that the liquidator who was initially appointed on 24.07.2019 and presently by a subsequent order dated 07.09.2021 i.e. opposite party no.11 has not shown any progress in the winding up proceedings. According to the petitioners, the liquidation proceedings have prolonged inordinately giving rise to an unrest which the petitioners are met with.
In the circumstances of the case, we hereby direct the liquidator i.e. opposite party no.11 to proceed with the matter and decide the proceedings expeditiously and without causing any undue delay.
For any grievance during the pendency of the liquidation proceedings, it shall be open to the petitioners to make appropriate application before the liquidator and in case any such application is filed by the petitioners, the same shall be considered and decided in accordance with law.
The writ petition is, accordingly, disposed of.
Order Date :- 15.9.2022 Arti/-
(Om Prakash Shukla,J.) (Attau Rahman Masoodi,J.)