IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH Date of Decision: 01.12.2011 CWP No.11524 of 2011 Bhogpur Cooperative Sugar Mill Ltd. Bhogpur …Petitioner Versus The Registrar Cooperative Societies, Punjab …Respondents and others Present: M/s Vikas Singh and Rahul Sharma, Advocates, for the petitioner. Mr. Vijay K. Chaudhary, AAG, Punjab, for respondent Nos.1, 2 & 5. Mr. Ravinder Rana, Advocate, for respondent Nos.3 & 4. Arb. Case No.46 of 2011 Spray Engineering Devices Ltd. …Petitioner Versus Bhogpur Cooperative Sugar Mills and others …Respondents Present: Mr. Ravinder Rana, Advocate, for the petitioner. M/s Vikas Singh and Rahul Sharma, Advocates, for respondent Nos.1 & 2. CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HEMANT GUPTA, J. (ORAL) This order shall dispose of CWP No.11524 of 2011 and Arbitration Case No.46 of 2011 arising out of an agreement dated 12.01.2009. The Additional Registrar, Cooperative Societies, Punjab, vide order dated 09.03.2011 directed the petitioner in the writ petition to deposit Rs.5 lacs as fee of the Arbitrator and Rs.25,000/- as fee of the Assistant of CWP No.11524 of 2011 & Arb. Case No.46 of 2011 2 the Arbitrator, so that arbitration proceedings can be started. Similar order was passed in respect of the petitioner in Arbitration Case No.46 of 2011. The Additional Registrar has filed an affidavit dated 11.11.2011 in the writ petition, wherein it has been asserted that on submission of representation by the aggrieved parties, the question of waiver of the arbitration fee can be considered. Keeping in view the said assertion of the Additional Registrar in the written statement filed in the writ petition, CWP No.11524 of 2011 is disposed of with a direction to the Additional Registrar to consider the waiving of demand of Rs.5 lacs, as arbitration fee, in accordance with law. However, in the arbitration petition, the additional grievance of the petitioner is that as per the arbitration clause in the agreement, only the Registrar is competent to act as an Arbitrator. As per Section 3 (j) of the Punjab Cooperative Societies Act, 1961 read with notification dated 21.03.1978, the Registrar includes the Additional Registrar. Therefore, the Additional Registrar would also be a Registrar. With the above observations, CWP No.11524 of 2011 and Arbitration Case No.46 of 2011 are disposed of. (HEMANT GUPTA) JUDGE 01.12.2011 Vimal