K.K. WADHAWAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE matter was heard in part yesterday and it was pointed out by Petitioner No. 1 who is appearing in person that the award dated 16th April, 1996 given by the Arbitrator appointed by the Registrar, Cooperative Societies in Arbitration Case No. 17/JRI/GH/93 -94 specifically mentions in the last paragraph as follows:

(2.) WHEN this was brought to our notice we had requested learned Counsel for the Registrar, Cooperative Societies to ascertain the factual position and adjourned the matter for today. Today learned Counsel for the Registrar, Cooperative Societies says on instructions that the records of the case are not available with the Registrar, Cooperative Societies and she cannot confirm or deny whether the Arbitrator had made any request in writing or not.

(3.) PETITIONER No. 1 has drawn our attention to a judgment of this Court in Sargodha Vihar Cooperative Group Housing Society Ltd. v. Bharat Bhushan Chawla and Ors. 90 (2001) DLT 280 wherein a similar question had arisen while interpreting Rule 89 of the Delhi Cooperative Societies Rules, 1973. A learned Single Judge held that the provision is mandatory and the Arbitrator should seek extension of time for making an award only by a request in writing.