JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. The respondent No.1 is a cooperative Society governed by Delhi Co-operative 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 appearan