2022 (2) TMI 1415 - HC - Indian Laws

Rival claims of the parties to the petition for having control over the management of NRI Academy of Sciences (NRIAS), which run 1000 bedded Hospital and Colleges including Medical and Nursing Homes. HELD THAT - Having given anxious consideration to the subject matter of the writ petition and the nature of the dispute arising between the parties and in view of the consent given by the learned counsel for the parties, it is deemed appropriate to refer the dispute for arbitration. Accordingly, with the consent of the parties, Sri Justice Devinder Gupta (Retired Chief Justice) is appointed as sole Arbitrator to decide all existing disputes between the parties referable to Section 23 of the Act, 2001 - In view of appointment of Arbitrator with the consent of learned counsel for the parties, the order passed by the learned single Judge is set aside and of all the writ appeals as well as the writ petition are disposed off.

Summary

Issues Involved:
Dispute over management control of NRI Academy of Sciences under the Andhra Pradesh Societies Registration Act, 2001.

Analysis:
The judgment involves a batch of writ appeals stemming from a dispute over the control of NRI Academy of Sciences (NRIAS) and its affiliated institutions, including hospitals and colleges. The issue revolves around conflicting claims by different parties seeking management control. The State has challenged the interpretation of the powers of the Registrar under Section 9 of the Andhra Pradesh Societies Registration Act, 2001. However, the Advocate General has clarified that his submissions are limited to the interpretation of this section and not the merits of the parties. The Act provides a mechanism for resolving disputes, including arbitration, as outlined in Section 23. Since there is a management dispute that cannot be addressed in writ proceedings, the parties have agreed to refer the matter to arbitration for proper adjudication.

The Court, after considering the nature of the dispute and the consent of the parties, has appointed a retired Chief Justice as the sole Arbitrator to decide all existing disputes between the parties in accordance with Section 23 of the Act, 2001. Both parties have agreed to withdraw all pending litigations related to the dispute from other forums. The Arbitrator is empowered to address all legal and factual aspects of the disputes, and the parties can seek interim orders from the Arbitrator as needed. The judgment leaves open the question of law concerning the interpretation of Section 9 of the Act, 2001 for future proceedings.

In light of the appointment of the Arbitrator with the parties' consent, the Court has set aside the single Judge's order and disposed of all the writ appeals and the writ petition accordingly. The Registry is instructed to provide a copy of the order to the appointed Arbitrator, who will determine the place of arbitration and the applicable fee in consultation with the parties. The judgment concludes with a directive for no costs and the closure of any pending miscellaneous petitions.