( 1 ) A question which, inter alia, arises for consideration in this appeal is as to whether a subsequent arbitrator appointed by the Registrar of Co-operative Society can consider the evidences brought by the parties before the previous arbitrator.

( 2 ) THE basic fact giving rise to the aforementioned question is as follows :-on or about 14th June, 1995 the appellant filed a dispute case against the respondent No. 1 before the Registrar, Co-operative Society for recovery of certain amount which was registered as Dispute Case No. 54/95-96. The Registrar instead of resolving the said dispute himself appointed one Sri Arun Kumar Das, respondent No. 9 herein as an Arbitrator. Admittedly the said Arbitrator could not pass an award within the prescribed period but the said respondent proceeded with the hearing of the said dispute being Dispute Case No. 54/95-96 between 23rd June, 1995 to 19th May, 1997. Keeping in view the fact that no award could be made within the aforementioned period, the respondent No. 7 returned the said records of the Dispute Case to the said Assistant Registrar of Co-operative Society, Midnapore-III without passing any order. By an order dated