9911796707
TMI Blog2002 (8) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity. In the opinion of the Division Bench the approach of the learned Single Judge could not be counternanced. However, still the Division Bench opined :- It is also the stand of the first respondent that after the restraint order was passed by the civil Court, it stopped appearing before the arbitrator. The first respondent is quite justified in taking this stand. Any one in the position of the first respondent would have thought that the arbitrator will not proceed with the adjudication of the disputes after passing of the restraint order by the Additional District Judge. In this view of the matter the first respondent cannot be faulted for not appearing before the arbitrator after 4th October, 1989. It would be unfair and unjust to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... east to ascertain whether the order was communicated or brought to the knowledge of the arbitrator. In spite of such lapse on the part of the Society, it is not so much a question of legality of availability of jurisdiction with the civil Court in passing the restraint order as it is the question of finding out the availability of sufficient cause for non- appearance of the Society before the arbitrator on the appointed date of hearing. We do not agree with the reasoning of the Division Bench of the High Court that a civil Court cannot under any circumstances entertain a civil suit in respect of proceedings pending before the Registrar, Cooperative Society. Even where exclusion of jurisdiction of the civil Court is statutorily provided stil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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