MANUFACTURERS CO OPRATIVE INDUSTRIES EST Vs. LT GOVERNOR

JUDGEMENT

(1.) 0ne Narinder Nath D. Puri was member of petitioner Co-op. Society. He died on 24.3.1970. Thereafter his son, Man Mohan Nath N. Puri wanted to be substituted in place of the deceased father. Claim was based, inter-alia, on the ground. that he was nominee of his father. The fact that Man Mohan Nath N. Puri was nominee of his father is not disputed.

(2.) Since the Society was not willing to give benefit of the nomination, Man Mohan Nath N. Puri made an application in March, 1976 before the Registrar of Co-op. Societies, Delhi, challenging the decision of the petitioner society of returning the dues of his father to him and treating him as an expelled member. The Registrar found that it is a dispute which falls within S. 60 of Delhi Co-op. Societies Act, 1972 and accordingly vide order dt. 28.11.1978 directed that the dispute is liable to be referred u/s 60 of the Act and referred it to an arbitrator u/s 61(1) (c) of the Act. The Registrar also passed interim order that till the pendency of the dispute the plot No. J-3 shall not be transferred or registered in the name of any other person by the Society.

(3.) The Society thereafter filed an appeal before the Delhi Co-operative Tribunal. Tribunal, who is also Financial Commissioner (respondent No. 4) held that no appeal was competent u/s 76 of the Act against an order merely referring the dispute to an arbitrator. S. 76(1) reads