(1.) In this writ petition the petitioners are the District Co-operative Federation Ltd., Meerut (hereinafter referred to as the federation) and one Sri Radhey Shyam Jaiswal, while the respondents are (1) the Registrar, Co-operative Societies, Meerut, (2) the Deputy Registrar, Co-operative Societies, Meerut, (3) the Assistant Registrar, Co-operative Societies, Meerut, (4) the Additional District Co-operative Officer, Meerut, Sri J.D. Gaiha, (5) the Consumers Co-operative Stores Ltd., Sub-Area V. Meerut and (6) Shri B.B. Rajvanshi.
(2.) The allegations made in the writ petition, in short, are as follows :-
(3.) During the reference proceedings an objection was raised on behalf of Sri Kalyan Singh and Sri R.S. Jaiswal, who were amongst those elected as Directors, to the effect that Sri J.D. Gaiha had been wrongly appointed as the sole arbitrator and was not competent to act as such. This application was dismissed. The validity of the reference was also challenged on the ground that the reference had been made at the instance of a member of a society and not by the society itself; and inasmuch as the federation was composed of societies and not of individual persons the reference was incompetent. In order to meet this objection a resolution was passed by the Ganga Khader Consumers Co-operative Stores Ltd. on the 20/10/1963, authorising Sri Hukum Chand to file the arbitration reference; and thereupon the Deputy Registrar substituted the Ganga Khader Consumers Cooperative Stores Ltd. as plaintiff or applicant in place of Hukum Chand. On 29/1/1964 the Ganga Khader Co-operative Stores Ltd. passed another resolution to the effect that they did not want to continue the arbitration proceedings and authorised one Sri Rani Lal Gumbar to withdraw the reference. On 12/2/1964 Sri Ram Lal Gumbar made an application to the sole arbitrator, praying that the case (Suit No. 3883 of 1962-63) be allowed to be withdrawn, in view of the resolution of the Ganga Khader Cooperative Stores Ltd., dtd. 29/1/1964. In the meantime Sri B.B. Rajvanshi, who had represented the Consumers Co-operative Stores Ltd., Sub-Area V, Meerut in the general meeting held on 27/4/1963 to elect the Board of Directors, on the authority of a resolution dtd. 19/2/1964 passed by the Consumers Co-operative Stores. Sub-Area V, Meerut (hereinafter referred to as the stores) made an application that the stores be substituted as plaintiff in place of the Ganga Khader Consumers Co-operative Stores Ltd. The federation objected to the substitution application made by Sri B.B. Rajvanshi, but the objection was overruled and the sole arbitrator substituted the Stores as plaintiff in the arbitration case by means of an order dtd. 2/3/1964. The federation filed an appeal challenging the aforesaid order and thereafter a revision before the Assistant Registrar and the Deputy Registrar respectively; but the same were dismissed by the orders dtd. 18/8/1964 and 25/9/1964 respectively. Feeling aggrieved, the federation (petitioner) approached this Court and filed Writ Petition No. 4811 of 1964. On 22/10/1964 S.N. Dwivedi, J. passed the following order :-