High Court of KeralaSingle JudgeWrit Petitions are dismissed.

W.P.(C).2366/2021(U) and connected matters

Case / Petition Number:WP(C).2366/2021(U)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sunil Thomas
Judgment Date
2021-03-30
Court Decision / Holding
Writ Petitions are dismissed. The third respondent shall proceed with the trial from the stage where it was stopped, pursuant to the stay granted by this Court.
Final Disposition
Writ Petitions are dismissed.

Parties to the Case

Appellants / Petitioners

  • V.S. Aravind
  • Valsala A
  • Vijayamma
  • Soorya V S
  • Vimal Kumar B
  • V.S Surjith

Respondents

  • Registrar of Co-operative Societies (Office of Registrar of Co-operative Societies, Jawahar Sahaakaran Bhavan, DPI Junction, Thycaud P.O., Thiruvananthapuram-695014)
  • Assistant Registrar of Co-operative Societies (General), Office of Registrar of Co-operative Societies, Jawahar Sahaakara Bhavan, DPI Junction, Thycaud P.O., Thiruvananthapuram-695014
  • Arbitrator/Special Sale Officer, K.S.E.B. 1243 (GROUP), C/O Assistant Registrar of Co-operative Societies (General), Jawahar Sahaakaran Bhavan, DPI Junction, Thycaud P.O., Thiruvananthapuram-695014
  • Ayiroopara Farmers Service Co-Operative Bank Ltd., No.2154, represented by its Managing Director, Pothencode P.O., Thiruvananthapuram-695584

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri.R.T.Pradeep
  • • Sri.S.V.Premakumaran Nair
  • • Smt.M.Bindudas
  • • Smt.P.S.Anju
  • • Sri.K.C.Harish

Counsels for Respondents

  • • Sri.G.Biju
  • • Sri.S.Jayaprakash (Madavoor)
  • • Sri.V.A.Vinod
  • • Sri.Bobby U. Nair

Case Synopsis & Summary

This batch of writ petitions arises from arbitration proceedings under the Kerala Co-operative Societies Act, 1969, involving disputes between a co-operative bank and members. The petitioners challenge the jurisdiction of the Registrar to adjudicate and contend that delegation of his powers down the chain—first to the Assistant Registrar and then to an Arbitrator or Special Sale Officer under section 70(1)(c)—is contrary to the statute and the principle that a delegation cannot extend beyond the original authority. They rely on the maxim delegatus non potest deligare and cite Chandran v. Gopalakrishnan (1998) 1 KLT 539 to support their view that sub-delegation to an arbitrator is not permissible, seeking quashment of the arbitration references. The respondents counter that Section 69 empowers the Registrar to adjudicate and that Section 70(1)(c) permits the Registrar to refer disputes to an arbitrator appointed by him, with the Assistant Registrar legally empowered to authorize subordinates under him. The court interprets the statute as permitting delegation within the statutory framework, particularly that the Assistant Registrar can refer to an Arbitrator, not as an impermissible delegation but as statutory empowerment. Relying on Chandran, the court holds there is no illegality and dismisses the petitions, directing the arbitrator to proceed from the previously stayed point of trial.

Provisions of Law Cited

Section 69 of the Kerala Co-operative Societies Act, 1969Section 70(1)(c) of the Kerala Co-operative Societies Act, 1969Section 70C of the Kerala Co-operative Societies Act, 1969Section 2(p) of the Kerala Co-operative Societies Act, 1969

Legal Doctrines & Maxims

  • delegatus non potest deligare

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that under Section 69 the Registrar is the competent forum to adjudicate disputes under the Act. They argue delegation to an Assistant Registrar and then to an Arbitrator or Special Sale Officer under Section 70(1)(c) is impermissible, not within the statute, and violates the maxim delegatus non potest deligare. They rely on Chandran v. Gopalakrishnan (1998) to claim that powers to appoint an arbitrator cannot be conferred on subordinates. They seek quashing of the arbitration references and restoration of direct jurisdiction in the Registrar. They further contend that delegation undermines the statutory chain and undermines the Registrar’s exclusive adjudicatory role.

Contentions of Respondents

The respondents submit that the Assistant Registrar is empowered to adjudicate disputes and refer references to an Arbitrator under Section 70(1)(c). They argue that delegation to subordinates is statutorily permitted since the Registrar may refer disputes to arbitrators appointed by him. The Registrar’s power to adjudicate and to appoint an arbitrator is exercised through the chain of officers, and Section 69 enables consideration of applications while Section 70(1)(c) enables delegation to the extent authorized. They maintain that Chandran v. Gopalakrishnan is distinguishable, and that the present framework falls within the statutory scheme, and the court should uphold the validity of the arbitration references and allow the proceedings to continue.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Chandran v. Gopalakrishnan1998(1) KLT 539PositiveThe Division Bench held that the Assistant Registrar is empowered to invoke the powers under section 70 and to appoint an Arbitrator, supporting the present court’s view on valid appointment through lawful empowerment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** ## **WP(C).No.2366 OF 2021(U)** ## **PETITIONER:** **V.S.ARAVIND, AGED 28 YEARS S/O.VIMAL KUMAR, RESIDING AT KONATHU VEEDU, KATTAYIKONAM P.O., THIRUVANANTHAPURAM - 695 584.** **BY ADVS. SRI.R.T.PRADEEP SRI.S.V.PREMAKUMARAN NAIR SMT.M.BINDUDAS SMT.P.S.ANJU SRI.K.C.HARISH** ## **RESPONDENTS:** - **1 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.** - **2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.** - **3 ARBITRATOR/SPECIAL SALE OFFICER K.S.E.B.1243 (GROUP), C/O.ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.** - **4 AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2154 REPRESENTED BY ITS MANAGING DIRECTOR, POTHENCODE P.O., THIRUVANANTHAPURAM - 695 584.** W.P(C).2366/2021 and connected matters 2 **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** ## **OTHER PRESENT:** ## **SR.GP BIMAL K NATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).3015/2021(B), WP(C).3028/2021(C), WP(C).3031/2021(D), WP(C).3034/2021(D), WP(C).3039/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** W.P(C).2366/2021 and connected matters 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** **WP(C).No.3015 OF 2021(B)** **PETITIONER:** **VALSALA .A, AGED 51 YEARS D/O. AMBUJAKSHI, KONATHU VEEDU, KATTAYIKONAM P.O., THIRUVANANTHAPURAM-695584.** **BY ADVS. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SMT.M.BINDUDAS SMT.P.S.ANJU** ## **RESPONDENT/S:** - **1 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014.** - **2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014.** - **3 ARBITRATOR/SPECIAL SALE OFFICER, K.S.E.B. 1243 (GROUP), C/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014.** - **4 AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.2154, REPRESENTED BY ITS MANAGING DIRECTOR, POTHENCODE P.O.,** W.P(C).2366/2021 and connected matters 4 ## **THIRUVANANTHAPURAM-695584.** **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** **OTHER PRESENT:** **SR.GP K.P.HARISH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).2366/2021(U), WP(C).3028/2021(C), WP(C).3031/2021(D), WP(C).3034/2021(D), WP(C).3039/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** W.P(C).2366/2021 and connected matters 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** **WP(C).No.3028 OF 2021(C)** ## **PETITIONERS:** **VIJAYAMMA, AGED 66 YEARS W/O.SUNDARESAN, KONATHU VEEDU, UTHIYARAMOOLA, KATTAYIKONAM P.O., THIRUVANANTHAPURAM-695584.** **BY ADVS. SRI.R.T.PRADEEP SRI.S.V.PREMAKUMARAN NAIR SMT.M.BINDUDAS SRI.K.C.HARISH** ## **RESPONDENTS:** **1 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014. 2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014. 3 ARBITRATOR/SPECIAL SALE OFFICER, K.S.E.B. 1243 (GROUP), C/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014. 4 AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.2154, REPRESENTED BY ITS MANAGING DIRECTOR, POTHENCODE P.O.,** W.P(C).2366/2021 and connected matters 6 ## **THIRUVANANTHAPURAM-695584.** **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** **OTHER PRESENT:** ## **SR.GP BIMAL K NATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).2366/2021(U), WP(C).3015/2021(B), WP(C).3031/2021(D), WP(C).3034/2021(D), WP(C).3039/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING.** W.P(C).2366/2021 and connected matters 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** **WP(C).No.3031 OF 2021(D)** ## **PETITIONER:** **SOORYA V S, AGED 33 YEARS D/O. VIJAYAMMA, KONATHU VEEDU, UTHIYARAMOOLA, KATTAYIKONAM P.O, THIRUVANANTHAPURAM 695 584** **BY ADVS. SRI.R.T.PRADEEP SRI.S.V.PREMAKUMARAN NAIR SMT.M.BINDUDAS SMT.P.S.ANJU SRI.K.C.HARISH** ## **RESPONDENT/S:** |**1**|**REGISTRAR OF CO-OPERATIVE SOCIETIES**| |---|---| ||**OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THYCAUD P.O, THIRUVANANTHAPURAM 695 014**| |**2**|**ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES**| ||**(GENERAL)**| ||**OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THUYCAUD P.O, THIRUVANANTHAPURAM 695 014**| |**3**|**ARBITRATOR/SPECIAL SALE OFFICER,**| ||**K.S.EB 1243 (GROUP) C/O. ASSISTANT REGISTRAR OF CO-**| ||**OEPRATIVE SOCIETIES (GENERAAL)**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THYCAUD P.O, THIRUVANANTHAPURAM 695 014**| |**4**|**AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LTD**| ||**NO. 2154**| ||**REPRESENTED BY ITS MANAGING DIRECTOR,**| W.P(C).2366/2021 and connected matters 8 **POTHENCODE P.O, THIRUVANANTHAPURAM 695 584** **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** **OTHER PRESENT:** **SR.GP K P HARISH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).2366/2021(U), WP(C).3015/2021(B), WP(C).3028/2021(C), WP(C).3034/2021(D), WP(C).3039/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** W.P(C).2366/2021 and connected matters 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** **WP(C).No.3034 OF 2021(D)** ## **PETITIONER:** **VIMAL KUMAR .B, AGED 65 YEARS S/O.RAGHAVAN, KONATHU VEEDU, KATTAYIKONAM P.O., THIRUVANANTHAPURAM-695584.** **BY ADVS. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SMT.M.BINDUDAS P.S.ANJU SRI.K.C.HARISH** ## **RESPONDENT/S:** |**1**|**REGISTRAR OF CO-OPERATIVE SOCIETIES**| |---|---| ||**OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THYCAUD P.O., THIRUVANANTHAPURAM-695014.**| |**2**|**ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES**| ||**(GENERAL),**| ||**OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,**| ||**JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THYCAUD P.O., THIRUVANANTHAPURAM-695014.**| |**3**|**ARBITRATOR/SPECIAL SALE OFFICER,**| ||**K.S.E.B. 1243 (GROUP), C/O. ASSISTANT REGISTRAR OF**| ||**CO-OPERATIVE SOCIETIES (GENERAL), JAWAHAR**| ||**SAHAKARANA BHAVAN, DPI JUNCTION,**| ||**THYCAUD P.O., THIRUVANANTHAPURAM-695014.**| |**4**|**AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LTD.**| ||**NO.2154,**| ||**REPRESENTED BY ITS MANAGING DIRECTOR,**| W.P(C).2366/2021 and connected matters 10 **POTHENCODE P.O., THIRUVANANTHAPURAM-695584.** **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** **OTHER PRESENT:** **SR.GP BIMAL K NATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).2366/2021(U), WP(C).3015/2021(B), WP(C).3028/2021(C), WP(C).3031/2021(D), WP(C).3039/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** W.P(C).2366/2021 and connected matters 11 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** **WP(C).No.3039 OF 2021(D)** ## **PETITIONER:** **V.S SURJITH, AGED 35 YEARS S/O. SUNIL KUMAR, KONATHU VEEDU, KATTAYIKONAM P.O. THIRUVANANTHAPURAM 695 584.** **BY ADVS. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SMT.M.BINDUDAS P.S.ANJU SRI.K.C.HARISH** ## **RESPONDENT/S:** **1 REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR FO CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM 695 014.** **2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL0, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES., JAWAHAR SAHAKARANA BHAVNA, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM 695 014. 3 ARBITRATOR/SPECIAL SALE OFFICER, K.S.EB. 1243 (GROUP), C/O. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM 695 014. 4 AYIROOPARA FARMERS SERVICE CO-OPERATIVE BANK LIMITED NO. 2154, REPRESENTED BY IS MANGING DIRECTOR,** W.P(C).2366/2021 and connected matters 12 **POTHENCODE P.O. THIRUVANANTHAPURAM 695 584.** **R4 BY ADV. SRI.G.BIJU R4 BY ADV. SRI.S.JAYAPRAKASH (MADAVOOR) R4 BY ADV. SRI.V.A.VINOD R4 BY ADV. SMT.BOBBY U. NAIR** **OTHER PRESENT:** **SR.GP K P HARISH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1603-2021, ALONG WITH WP(C).2366/2021(U), WP(C).3015/2021(B), WP(C).3028/2021(C), WP(C).3031/2021(D), WP(C).3034/2021(D), THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:** W.P(C).2366/2021 and connected matters 13 ## **COMMON JUDGMENT** These Writ Petitions arise from various arbitration proceedings pending as Arbitration Case Nos.2437, 2439, 2445, 2440 , 2438, and 2444 of 2020 before the Arbitrator who is the third respondent. Petitioner in each of the Writ Petitions is the defendant in the monetary claims initiated by the 4[th] respondent/Co-operative bank limited, invoking section 69 of the Kerala Co-operative Societies Act 1969 (for short, “the Act”) 2. Pending the above proceedings, petitioners have approached this Court contending that, by virtue of Section 69 of the Act, the Registrar is conferred with the jurisdiction of adjudication. By the statutory provision, authority is empowered to delegate his power to the Assistant Registrar of Co-operative Societies. In that view of the matter, it cannot be further delegated by him under section 70C of the Act to an Arbitrator or a Special Sale Officer. Such a delegation is objectionable and not sustainable in law by virtue of the maxim delegatus non potest deligare. Consequently, they challenge the adjudication process conducted by the third respondent being incompetent and beyond the powers conferred on the second respondent under the Co-operative Societies Act, 1969. The specific contention was that, Registrar being the competent authority, is entitled under the provisions of the Statute W.P(C).2366/2021 and connected matters 14 to delegate it to the Assistant Registrar, who in turn is not competent to delegate it further to any other officer invoking section 70(1)(c) of the Act. 3. Opposing the application, the learned Government Pleader contended that the Assistant Registrar is competent to adjudicate on the issue and he is statutorily empowered to authorize any officer under him subject to the restrictions contained in section 70(1)(c) of the Act. Section 69 of the Act authorizes the Registrar to invoke his jurisdiction under the provisions of the Statute and to adjudicate on disputes that come before him. 4. Section 69 of the Act empowers the Registrar to consider the applications that are filed before him. Section 70(1)(c) of the Act provides that the Registrar may, on receipt of a reference of a dispute under subsection (1) of Section 69 refer it for disposal to an arbitrator appointed by the Registrar. The Registrar under 2(p) of the Statute is defined under as “the Registrar of Co-operative Societies appointed under subsection (1) of Section 3 and includes any person on whom all or any of the powers of the Registrar under this Act are conferred.” This being so, it is clear that, section 70(1)(c) takes in an Assistant Registrar also by virtue of the Statutory provision and not by virtue of a delegation. That was an authority conferred on the Assistant Registrar. Section 70(1)(c) empowers the Registrar/other person competent under section 2(p) to refer a dispute to an Arbitrator appointed by him. W.P(C).2366/2021 and connected matters 15 Consequently, when a matter is referred invoking section 70(1)(c) by an Assistant Registrar before whom a matter is placed, to an Arbitrator appointed by the Registrar, it is not a case of a delegation of a power conferred on him but authorizing an officer as statutorily empowered under section 70(1)(c) of the Act. 5. The above position is amplified by the Division Bench decision reported in **Chandran v. Gopalakrishnan (1998(1) KLT 539).** It was held that, Assistant Registrar is empowered to invoke the powers under section 70 of the Act. It clearly is to the effect that the Assistant Registrar is competent to appoint an Arbitrator and refer the dispute to him. The only limitation is that, he cannot refer it to a person equal or superior to him in rank. That being so, there is a valid appointment of an Arbitrator in this case. I find no reason to uphold the contention set up the petitioners in each of the case. Accordingly, the Writ Petitions are without any merit and are liable to be dismissed. Third respondent shall proceed with the trial from the stage where it was stopped, pursuant to a stay granted by this Court. Writ Petitions are dismissed. ## **Sd/-** ## **SUNIL THOMAS** Sbna **JUDGE** W.P(C).2366/2021 and connected matters 16 ## **APPENDIX OF WP(C) 2366/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF PLAINT DATED 30/9/2020 BEFORE THE 2ND RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF NOTIFICATION BY SRO NO.198/69 DATED 15/5/1969 BY WHICH GOVERNMENT DELEGATED POWERS OF REGISTRAR TO ASSISTANT REGISTRAR.** **EXHIBIT P3** **TRUE COPY OF PETITION DATED 30/10/2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS.** **EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25/1/2021 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P5** **TRUE COPY OF COMPLAINT DATED 4/1/2021 BEFORE THE 1ST RESPONDENT.** W.P(C).2366/2021 and connected matters 17 ## **APPENDIX OF WP(C) 3015/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF PLAINT DATED 30.9.2020 BEFORE THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF NOTIFICATION BY SRO NO.198/69 DATED 15.5.1969 BY WHICH GOVERNMENT DELEGATED POWERS OF REGISTRAR OF ASSISTANT REGISTRAR.** **EXHIBIT P3 TRUE COPY OF PETITION DATED 30.10.2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS. EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25.1.2021 BEFORE THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 4.1.2021 BEFORE THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF ORDER DATED 29.1.2021 IN WP(C) NO.2366/2021.** W.P(C).2366/2021 and connected matters 18 ## **APPENDIX OF WP(C) 3028/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF PLAINT DATED 30.9.2020 BEFORE THE 2ND RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF NOTIFICATION BY SRO NO.198/69 DATED 15.5.1969 BY WHICH GOVERNMENT DELEGATED POWERS OF REGISTRAR TO ASSISTANT REGISTRAR.** **EXHIBIT P3 TRUE COPY OF PETITION DATED 30.10.2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS.** **EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25.1.2021 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 4.1.2021 BEFORE THE 1ST RESPONDENT.** **EXHIBIT P6 TRUE COPY OF ORDER DATED 29.1.2021 IN WP(C) NO.2366/2021.** W.P(C).2366/2021 and connected matters 19 ## **APPENDIX OF WP(C) 3031/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF PLAINT IN ARC 2440/2020 BEFORE THE 2ND RESPONDENT** **EXHIBIT P2** **TRUE COPY OF NOTIFICATION BY SRO NO. 198/69 DATED 15-05-1969 BY WHICH GOVERNMENT DEIEGATED POWERS OF REGISTRAR TO ASSISTANT REGISTRAR** **EXHIBIT P3 TRUE COPY OF PETITION DATED 30-10-2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS** **EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25-12021 BEFORE THE 3RD RESPONDENT** **EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 4-1-2021 BEFORE THE 3RD RESPONDENT** **EXHIBIT P6 TRUE COPY OF ORDER DATED 29-1-2021 IN W.P(C) NO. 2366/2021** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a): TRUE COPY OF THE CIRCULAR NO.11/2017 DATED 23/01/2017 ISSUED BY REGISTRAR OF COOPERATIVE SOCIETIES.** **EXHIBIT R4(b): TRUE COPY OF THE ORDER IN THE DISCIPLINARY PROCEEDINGS BY THE MANAGING DIRECTOR DATED 20/06/2020.** W.P(C).2366/2021 and connected matters 20 ## **APPENDIX OF WP(C) 3034/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF PLAINT DATED 30.9.2020 BEFORE THE 2ND RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF NOTIFICATION BY SRO NO.198/69 DATED 15.5.1969 BY WHICH GOVERNMENT DELEGATED POWERS OF REGISTRAR TO ASSISTANT REGISTRAR.** **EXHIBIT P3 TRUE COPY OF PETITION DATED 30.10.2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS.** **EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25.1.2021 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 4.1.2021 BEFORE THE 1ST RESPONDENT.** **EXHIBIT P6 TRUE COPY OF ORDER DATED 29.1.2021 IN WP(C) NO.2366/2021.** W.P(C).2366/2021 and connected matters 21 ## **APPENDIX OF WP(C) 3039/2021** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF PLAINT DATED 30.9.2020 BEFORE THE 2ND RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF NOTIFICATION BY SRO NO. 198/69 DATED 15.5.1969 BY WHICH GOVERNMENT DELEGATED POWERS OF REGISTRAR TO ASSISTANT REGISTRAR.** **EXHIBIT P3 TRUE COPY OF PETITION DATED 30.10.2020 BEFORE THE 3RD RESPONDENT SEEKING TO CHANGE THE VENUE OF ARBITRATION PROCEEDINGS.** **EXHIBIT P4 TRUE COPY OF WRITTEN STATEMENT DATED 25.1.2021 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 4.1.2021 BEFORE THE 1ST RESPONDENT.** **EXHIBIT P6 TRUE COPY OF ORDER DATED 29.1.2021 IN WPC NO. 2366/2021.**