JUDGMENT - 1. This is an application wherein the petitioner, the Malbar Hill Co-operative Housing society, prays that action against opponent No. 1 be taken under Sub-section (1) of Section 3 of the Contempt of Courts AM, 1952 (Act 32 of 1952), for the alleged contempt committed by him of the third opponent a Nominee of the Registrar, appointed under Section 54 of the Bombay Co-operative societies Act, 1925 (Act 7 of 1925).

2. The facts, in brief, are that the petitioner is a Cooperative Housing Society. Opponent Nos. 1 and 2, who are husband and wife, are members of the petitioner Co-operative Housing society, and at the material time were residing in two flats in the Societys premises called "Darshan Apartments" situated at Malbar Hill, Bombay, We are only concerned with the flat allotted to opponent No. 2, wife of opponent No. 1. The terms and conditions on which the, flat, namely, Flat No. B-21, was allotted to her were the initial payment of Rs. 6,001 towards the qualifying shares of the Society and membership tees, and, mere-after a payment of Rs. 580 per month. The allotment of the flat to second opponent was in 1954. Opponent No. 2 made the initial payment of Rs. 6,001 to the society out thereafter altogether failed to make the monthly payment of Rs. 580 per month. The petitioner, therefore, made an application on 6th April 1955 under Section 54 of the Bombay Co-operative Societies Act, 1925, to the Registrar, Co-operative Societies, relating to the dispute arising or account of opponent No. 2s failure to make the monthly payments. The petitioner therein prayed for recovery of the arrears due by the opponent No. 2. This dispute was referred by the Registrar to his Nominee, and on 8th July 1961, he made an award, whereunder he directed the opponent No. 2 to pay a sum of Rs. 49,492.15 to the petitioner. It, however, appears that the petitioner was not able to recover any amount from the opponent No. 2, on 24th October 1961, the petitioner made another application to the Registrar under Section 54 of the Bombay Co-operative Societies Act, 1925, wherein it claimed that in the circumstances, opponent No. 2 be directed to be evicted from the flat then in her occupation. On 18th November 1961, In exercise of his powers under section 54, the Registrar referred this dispute to his Nominee, Mr. C.P. Patel, the third opponent to this petition. This case was numbered as Arbitration Case No. 367-B/80-(2) of 1961. In this Arbitration Case, opponent No. 1 appeared on behalf of opponent No. 2 as her agent. Opponent No. 3, the Registrars Nominee, entered upon the arbitration on 23rd Nov, 1961. It appears that the opponent No. 2 could not be served till 20th December 1951, and, therefore, the case had to be adjourned on two occasions. On 20th Decem- ber 1961, the opponent No. 1 appeared on behalf of opponent No. 2. Ex. A, the Roznama, to the petition snows that opponent No. 1 appeared under protest and prayed for time to tile a written-statement. The case was adjourned to 6th January 1962. On 6th January 1962, no statement was filed but further time was taken till 10th January 1962. On 10th January 1962, opponent NO. 1 filed a written-statement and also a letter of authority for appearance on behalf of opponent No. 2. The case was adjourned to 13th January 1962. On 13th January 1952, opponent No. 1 stated that an injunction was issued by the small causes Court restraining proceedings before the Registrars Nominee. The case was, therefore, adjourned sine die. The case, however, was called out on 10th February 1962 in the presence of the parties, opponent No. 1 appearing for opponent No. 2. Opponent No. 1 then stated that the injunction had been vacated, that opponent No. 1 wanted to file a counter-claim, and, therefore, lime be given, the case was adjourned to 15th February 1962. On that day, opponent No. 1 stated that he had not made the counterclaim, but, on the other hand, had appealed against the order of the Registrar to the Maharasn

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