REGISTRAR COOPERATIVE SOCIETIES W B Vs. KRISHNA KUMARSINGHANIA

JUDGEMENT

(1.) Leave granted

(2.) This appeal by special leave arises from the decision of a Single Judge of the High court of Calcutta dated 24/9/1991 in Matter No. 686 of 1991. The first respondent was appointed as a Transport and Handling contractor by the West Bengal Stale Consumers' Federation. Certain differences and o disputes arose between them. Consequently, when they approached the Registrar under the West Bengal Cooperative Societies Act, 1983 (for short "the Act") , the Registrar, by his proceedings dated 8/10/1989 appointed an arbitrator to decide the disputes. Since the arbitrator had not decided the reference within one year, as envisaged under Section 96 of the Act, the first respondent approached the High court under S. 5, II and 12 of the Arbitration Act, 1940 for termination of the arbitration and appointment of another arbitrator. After revoking the appointment of the third respondentdevi Prasad Lehari as an arbitrator, the High court appointed another arbitrator by the impugned order. The learned Single Judge proceeded on the premise that since Section 96 empowers the Registrar to extend time only up to one year to enable an arbitrator to make the award, and the arbitrator had failed to make the award within the extended one year period, the Registrar became functus officio to extend further time. So, the arbitrator was left with no power to make the award. Resultantly, the first respondent was entitled to invoke the provisions of the Arbitration Act, 1940, by operation of Section 46 thereof

(3.) The question is whether the view of the High court is correct and the arbitration proceedings before the third respondent stood abated and whether the civil court has power to terminate his nomination and to appoint in his place another arbitrator