Delhi HC stays Arbitrator’s order on Fishcopfed elections

The latest is that the Delhi High Court has stayed the sole arbitrator order given in the context of settling the dispute of the election of the board of directors of Fishcopfed. The High Court observes that the impugned award is stayed till the next date of hearing which will be on 26 October 2021, which means the existing team will last till then.

Readers would recall that in July the Central Registrar of cooperative societies had appointed sole arbitrator Sunil Kumar Singh who had quashed the election of the apex body-Fishcopfed and declared that the election was null and void.

The Delhi High Court has announced the verdict after hearing a petition filed by one of the former Directors of fishcopfed from Karnataka S Madegowda, challenging the award of a sole arbitrator.

On the said matter the hearing was held through video conferencing on 16th August 2021, in which the court said, ” Since, the status quo order was passed by this Court after the election (which was under challenge before the Arbitral Tribunal) of the newly elected Board of Directors. They would for the purposes of this petition be considered as Members of the Board of Directors of FISHCOPFED. The petitioner is directed to separately name the individuals and file an amended memo of parties”.

“The petitioner shall also ensure that all persons who claim to be the Directors of the FISHCOPFED and had challenged the election before the Arbitral Tribunal, would be arrayed as parties in the present petition, irrespective of how they were arrayed before the Arbitral Tribunal”, it further reads.

“In the meanwhile, for the reasons stated above, the impugned award is stayed till the next date of hearing which will be on 26 October 2021”, it concludes.

Meanwhile the respondents in the matter Ram Das Sandhe and his team argue that the court in its verdict has not allowed the newly elected board to take control of Fishcopfed yet.

Quoting the Multi State Cooperative Societies Act, 2002 of Chapter IX, Settlement of Disputes 84 (3), one of the close associates of Sandhe said, “If any question arises whether a dispute referred to arbitration under this section is or is not a dispute touching the constitution, management or business of a multi-state cooperative society, the decision thereon of the arbitrator shall be final and shall not be called in question in any court”, he said.

It is notable that the Ministry of Fisheries and NCDC have a share of 89 percent in Fishcopfed. The internal clashes between the board members of Fishcopfed is affecting its growth and the employees have not been getting their salary for the last few months.

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