PRAKASH NARAIN SHARMA Vs. BURMAH SHEEL CO OPERATIVE HOUSING SOCIETY LIMITED
SUPREME COURT OF INDIA (FROM: DELHI)
PRAKASH NARAIN SHARMA
BURMAH SHELL CO OPERATIVE HOUSING SOCIETY LIMITED
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R. C. Lahoti, J. -
(2.)The respondent No.1 is a Co-operative Society governed by Delhi Cooperative Societies Act, 1972 (hereinafter 'the Act', for short). There was a dispute between one S. N. Sharma and the respondent No.1. The former claimed to be a member of the Society entitled to allotment of a plot by the Society and complained of having been illegally and unjustifiably deprived of the allotment. The Joint Registrar (Arbitration), vide his order dated 29-7-1988, directed the dispute to be referred for adjudication by one Shri S. C. Gupta. S. N. Sharma expired on 28-12-1988 survived by legal representatives whose rights are claimed by the appellant to have come to vest in him.
(3.)The appointment of arbitrator was challenged by the Society by filing a civil suit in the Court of Additional District Judge, Delhi who, by an interim order dated 4-10-1989, restrained the arbitrator from proceeding ahead with the arbitration proceeding. There is some controversy whether the restraint order was communicated or brought to the knowledge of the arbitrator or not, the fact remains that on the next date of hearing appointed after 4-10-1989 the Society failed to make appearance before the arbitrator. The arbitrator proceeded ex-parte and on 26-10-1989 made an award upholding the claim of the appellant. The Society preferred an appeal against the award while the appellant sought for its execution. The executing authority directed a plot of land of the Society to be attached. A civil writ petition came to be filed by the Society in the High Court of Delhi which was heard by a learned single Judge, who, vide order dated 18-8-2000, set aside the ex-parte award dated 26-10-1989 forming an opinion that in view of the restraint order passed by the civil Court the ex-parte proceedings and the ex-parte award were vitiated. The learned single Judge directed bi-parte hearing being restored and an award being made afresh.
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