1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 9350/2010 Swasthya Evam Shiksha Vikas Sansthan Vs State of Raj & ors 16.12.2010 HON'BLE MR JUSTICE MN BHANDARI Mrs Sangeeta Sharma - for petitioner Mr Saransh Saini – for respondents BY THE COURT: The main controversy involved in the present matter is regarding existence of two societies in one name. Each other are claiming themselves to be genuine making allegations against others. In the aforesaid background, several prayers have been made. This is more so when the society is running a nursing school. Learned counsel for petitioner submits that if the documents are looked into, it will show that they are holding the society genuinely. Aforesaid has been countered by the learned counsel for respondents Mr Saransh Saini. Looking to the aforesaid, a question has to be determined based on material as to who is really holding the 2 society. Even the State of Rajasthan has taken note of the controversy between the two groups and, accordingly, passed order of suspension of the recognition of the institute for nursing school for the academic session 2011-12. During the course of arguments, both learned counsel for parties agreed that matter can be referred to the Arbitrator as per the provisions of section 58 of the Rajasthan Co-operative Societies Act of 2001. The only prayer of the petitioner is that in the meanwhile, respondents may be restrained to continue with the nursing school. I have considered rival submissions of learned counsel for parties and perused record of the case. Since there is provision of arbitration and both the parties have agreed for reference of the matter to the Arbitrator, Registrar, Co-operative Societies, Government of Rajasthan, Jaipur is directed to refer the matter to the Arbitrator pursuant to the provisions of the Act of 2001 on receipt of copy of this order. The Arbitrator is directed to decide the controversy involved in this case expeditiously, if possible, within a period of four months from the date of reference to him. 3 So far as interim relief prayed for by the learned counsel for petitioner is concerned, a liberty is given to make an application under section 9 of the Arbitration & Conciliation Act of 1996. This is in view of the situation that as per the provisions of the Act of 2001 the provisions of the Act of 1996 are made applicable. With the aforesaid observations and directions, this writ petition is disposed of. The petitioner shall produce this order before the Registrar, Co-operative Societies, Rajasthan, Jaipur for appointment of Arbitrator. (MN Bhandari) J. bnsharma