pvr 1 ara3-11 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.3 OF 2011 Natural Sugar & Allied Industries Ltd. ...Petitioner vs. 1.Jagadamba Sahakari Sakhar Karkhana Ltd. & Anr. ...Respondents --- Mr.S.S.Kanetkar, for Petitioner. Mr.S.P.Thorat, for Respondents. --- CORAM: D.K.DESHMUKH, J. DATED: 10th March,2011 P.C.: 1. Heard. Admittedly the liquidation of the Society is pending and therefore, petition under Section 34 of the Arbitration and Conciliation Act could not have been filed without seeking leave of the Registrar. Even though the Award is made by the Registrar, leave has to be sought from the Registrar who will be acting then as a statutory authority. Then it is submitted that pvr 2 ara3-11 the Court should not have rejected the petition, instead it should have directed the petitioner to seek leave from the Registrar. Reliance is placed on the judgment of the Division Bench of this Court in the case State Bank of India Vs. Amravati Zilla Krishi Audyogik Sahakari Sangh Maryadit & Ors., 2004(2) ALL MR 436 . 2. In my opinion, the question of Court permitting the applicant to approach the Registrar arises only if such a request is made to the Court by the Applicant that the proceedings should be kept pending so that he can apply to the Registrar for its permission. From the record, it is clear that no such request was made. Even now the order of the District Judge rejecting the application does not prevent the applicant from approaching the Registrar for leave and again filing the application after the leave is granted. The petition is, therefore, rejected. (D.K.DESHMUKH,J.)