JUDGMENT :

1. This is a batch of 24 petitions preferred under Article 226 of the Constitution of India assailing the order dated 27.01.2014 passed by the Co-operative Tribunal, Uttar Pradesh whereby the award passed by the Arbitrator in proceedings under Section 70 of the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act of 1965) has been affirmed.

2. The issue involved in the aforesaid 24 petitions is common and is based, by and large, on almost similar facts and the issue of law involved in all petitions is same, hence, all petitions were connected and were heard together and are being decided by this common judgment.

3. To put the controversy in a perspective, the Court shall be considering the facts from the leading petition bearing No.1001289 (M/S) of 2014 alongwith W.P. bearing No. 1003095 (MS) of 2014. However, the submissions of the respective counsel for the parties which are almost the same in all petitions have been noticed and wherever necessary facts of the other petitions is required it will also be noticed at the appropriate place.

4. Primarily, the basic facts which are common in all the petitions are that the private respondent were the initial allottees of the flats in Jivan Bima Rashtriya Sahkari Avas Samiti Ltd, GH-7 Sector-6 Vasundhara Ghaziabad. Since they were defaulters and did not make the necessary payment, hence the Committee of Management of the Society took a decision to cancel the allotment of the original allottees and thereafter the flats were allotted to the present petitioners who are the subsequent allottees and are in possession. They have also got their names duly mutated in the relevant municipal records and have been paying the municipal taxes and utility bills.

5. The private respondents being aggrieved against the allotment made in favour of the petitioners, at different stages filed petitions under Section 70 of the Act, 1965. However in some cases, the private respondents had first instituted civil suits which later came to be dismissed as withdrawn and thereafter they too, filed petitions under Section 70 of the Act, 1965. In most of the cases, the subsequent allottees, initially, were not made as a party before the Arbitrator and award was passed. The impact of which was that the allotment of flats made in favour of the subsequent allottees was cancelled.

6. The subsequent allottees then assailed the said awards before the Co-operative Tribunal and who dismissed the appeals which prompted the subsequent allottees to approach this Court by means of the instant writ petitions.

7. A Co-ordinate Bench of this Court by means of order dated 03.03.2014 while issuing notice to the respondents had granted an interim order in pursuance whereof the possession of the petitioners of the writ petitions has been protected and the same is reproduced as under:-

"1. Sri J.N. Mathur, learned Senior Advocate, Assisted by Sri Anupras Singh, Advocate, appearing for the petitioner, contends that respondent no.5 did not pay the dues towards Society for constructions of the flat despite repeated reminders sent to the said respondent. Details of default and reminders given by the Society to respondent no.5 have been mentioned in para nos.16 to 18 of the writ petition.

2. Sri Mathur further submits that that by virtue of order/refund, Annexure-13, vide which share money of the respondent no.5 was returned, even membership of the respondent was cancelled. Membersh