Rajasthan High Court - Jaipur
Smt Vimla Pareek&Ors; vs Aribtrator And Chief Manager on 18 October, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
CW11907/2016
// 1 //
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
IN
S.B. Civil Writ Petition No.11907/2016
(With Stay Application No.10683/2016)
1. Smt. Vimla Pareek W/o Shri Babulal Pareek, By Caste
Brahmin, Resident of 3751, Behind Kesar Bhawan,
Nahargarh Road, Jaipur (Raj)
2.Smt. Sarla Pareek W/o Shri Girish Pareek, By Caste
Brahmin, Resident of 3751, Behind Kesar Bhawan,
Nahargarh road, Jaipur (Raj)
3. Smt. Rekha Pareek W/o Shri Ravindra Kumar Pareek, by
caste Brahmin, Resident of 2149, Gulji Dhabai Ki Gali,
Gangori Bazar, Jaipur (Raj.)
...applicants-petitioners
Versus
Arbitrator and Chief Manager, Integrated Cooperative
Development Project (ICDP), D.C.B. Premises (Ground
Floor), F-1, Nursery Circle, Vaishali Nagar, Jaipur
(Raj.)
...non-applicants-respondents
Date of Order ::: 18.10.2016
Present
Hon'ble Mr. Justice Mohammad Rafiq
Mr. Amit Puri with
Mr. Nishant Sharma, counsel for petitioners
####
By the Court:-
Petitioners have filed this writ petition for setting aside the order dated 20.07.2016 passed by the Rajasthan State Cooperative Tribunal, Jaipur, in Appeal No.25/2016.
It is contended that the Arbitrator vide award dated 05.11.2015, decided the arbitration application of the petitioners in their favour, which was filed under Section 58 of the Rajasthan Cooperative Societies Act, 2001. During arbitration proceedings, the petitioners also filed application on 09.10.2015 for correction in rejoinder dated 31.08.2015 with regard to plots, but the Arbitrator, while passing final award, CW11907/2016 // 2 // did not take into consideration the said application and due to that the plot numbers came to be wrongly mentioned in the award. The defendants did not file any appeal against the said award and it attained finality. The petitioners filed appeal under Section 105 of the Rajasthan Cooperative Societies Act, 2001, praying for rectification of the typographical error in the numbering of the plots mentioned in the award. Learned Appellate Tribunal directed the petitioners to make the defendants as party to the appeal. Aggrieved thereby, the petitioners filed an application under Order 41 Rule 20 of the CPC read with Section 151 of the CPC on 08.07.2016 stating that the defendants did not file any appeal thereagainst and the award has attained finality, therefore they were not necessary party thereto. The learned Appellate Tribunal, vide impugned order, rejected the said application. Hence this appeal.
Having heard learned counsel for the petitioners and perused the material on record, this court does not find any error or illegality in the impugned order dated 20.07.2016. Before correction in an order to which the defendants were party, the defendants were necessary parties to be arrayed to the appeal and the Appellate Tribunal rightly directed the petitioners to implead the defendants as party. If any correction is made in the award, certainly the defendants would be the affected party and before any correction is made, they are required to be given opportunity of hearing and unless they are impleaded as party to the appeal, they would be deprived of opportunity of hearing. Learned Appellate Tribunal has CW11907/2016 // 3 // rightly rejected the application and directed the petitioners to implead them as party to the appeal.
In view of the above, the writ petition is dismissed. The stay application is also dismissed.
(Mohammad Rafiq) J.
//Jaiman//164