ORDER :- The petitioners are the legal representatives of one deceased Ramalingam who was the President of the Kolathur Blacksmithy and Carpentry Workers' Industrial Co-operative Society Limited, Kolathur, Mettur Taluk, Salem District till 31-8-1969 when he was removed from that Office From the audit report for the period from 1-4-1966 to 31-3-1969 it was found that there has been a deficit in the stocks of various articles to the extent of about Rs. 5,946-19. The Society filed an arbitration case for the recovery of the said amount of Rupees 5,946-19 being the value of the stock found short, under Section 73 (1) (c) of the Tamil Nadu Co-operative Societies Act, 1961 (hereinafter called the Act). While the said arbitration case was pending, the said Ramalingam died on 8-111970. Taking note of his death, the arbitrator dismissed the claim of the Society on 12-11-1970 on the ground that the claim has abated and that it is for the Society to file a fresh claim against the legal representatives.

2. The Society took the matter in appeal to the Co-operative Tribunal (the Principal District Judge, Salem) and the Tribunal by its Order dated 12-2-1975 held that the arbitrator was in