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Judgment
IT is seen from the papers filed before us that the complainant in the original petition has already initiated arbitration proceedings before the Joint Registrar of Co-operative Societies, Karnataka in respect of same subject matter and it was while the arbitration case was pending before the said authority, that this complaint was filed before this Commission. As has been repeatedly pointed out by us it is not appropriate that this Commission should conduct a concurrent adjudication of the identical issues covering same subject matter when they are already pending adjudication before some other competent authority. Another fact brought to our notice is that the Opposite Party has instituted a suit in the City Civil Court, Bangalore, as Original Suit No. 5364/91 and some of the issues forming the subject matter of the present complaint are at issue between the same parties in the said suit which is also pending. In these circumstances we decline to go into the merits of the Original Petition on the aforesaid ground and leave it open to the Complainant to urge all its contentions before the Arbitrator as well as City Civil Court. We make it clear that the dismissal of Original Petition on the aforesaid limited ground will not in any manner operate to the prejudice of the Complainant in the matter of urging all its contentions before the Arbitrator and City Civil Court. The complaint petition is accordingly dismissed. No costs.