Punjab-Haryana High Court
Punjab State Co-Op. Supply Marketing ... vs Special Secretary, Cooperation, ... on 12 November, 2018
Author: Augustine George Masih
Bench: Augustine George Masih
CWP-9982-2017 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(152) CWP-9982-2017 (O&M)
Date of Decision: 12th November, 2018.
PUNJAB STATE COOPERATIVE SUPPLY MARKETING
FEDERATION (MARKFED)
...Petitioner
Versus
THE SPECIAL SECRETARY, COOPERATION, PUNJAB AND
OTHERS.
...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Sumit Jain, Advocate
for the petitioner.
*****
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner (Punjab State Cooperative Supply Marketing Federation Ltd. (MARKFED), has approached this Court challenging the order dated 23.04.2012 (Annexure P-1) passed by the Deputy Registrar Cooperative Societies, whereby the claim of the petitioner against respondent No.4 Balbir Singh Sandhu, District Manager, Markef (Retd.) was rejected. The appeal preferred by the petitioner has been dismissed by order dated 11.09.2013 (Annexure P-2) by the Joint Registrar, Cooperative Societies, Jalandhar and thereafter revision preferred by the petitioner has also been dismissed on 07.04.2015 (Annexure P-3) by the Special Secretary Cooperation Punjab, Chandigarh exercising the powers of the Financial Commissioner (Corporation) Punjab.
The rejection of the claim of the petitioner and therafter the 1 of 2 ::: Downloaded on - 28-12-2018 22:55:14 ::: CWP-9982-2017 (O&M) -2- dismissal by the appellate and the revisional authority of the appeals and the revision were passed upon the fact that the claim of the petitioner is beyond the period of limitation as permissible under the Arbitration Act.
The issue as involved in the present case has attained finality on this question after the dismissal of the writ petition earlier preferred by the petitioner against the similar findings i.e., CWP No. 15269 of 2018 titled as (Punjab State Cooperative Supply Marketing Federation Ltd. (Marked), Patiala Vs. Arbitrator, Sub Registrar Cooperative Societies, Patiala and others., decided on 12.07.2018. The issue has also been settled by the Division Bench in LPA 1369 of 2017 (O&M) titled as "The Punjab State Cooperative Supply Marketing Federation Ltd. Vs. The Additional Registrar (D), Cooperative Societies, Punjab and others., decided on 07.02.2018.
The contentions as raised in the present writ petition by the petitioner are the same as were the subject matter of CWP No. 15269 of 2018 and the same have been considered and decided earlier in the case of the petitioner itself.
In view of the above the present writ petition is dismissed in the same terms as in CWP No. 15269 of 2018, referred to above.
( AUGUSTINE GEORGE MASIH )
JUDGE
12th November,2018
tarun sahni
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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