The arbitrator, even if companymunicated with, or apprised of, the companytents of the restraint order of the civil Court, companyld have ignored it and proceeded ahead as the order of the civil Court lacking in jurisdiction was a nullity.
The executing authority directed a plot of land of the Society to be attached.
A civil writ petition came to be filed by the Society in the High Court of Delhi which was heard by a learned single judge, who vide order dated 18 8 2000, set aside the ex parte award dated 26 10 1989 forming an opinion that in view of the restraint order passed by the civil Court the ex parte proceedings and the ex parte award were vitiated.
The arbitrator proceeded ex parte and on 26 10 1989 made an award upholding the claim of the appellant.
The appellant filled an intra court appeal against the order of learned single Judge.
2002 Supp 1 SCR 643 The Judgment of the Court was delivered by R.C. LAHOTI J. Leave granted.
There is some companytroversy whether the restraint order was companymunicated or brought to the knowledge of the arbitrator or number the fact remains that on the next date of hearing appointed after 4 10 1989 the Society failed to make appearance before the arbitrator.
The former claimed to be a member of the Society entitled to allotment of a plot by the Society and companyplained of having been illegally and unjustifiably deprived of the allotment.
The Joint Registrar Arbitration , vide his order dated 29 7 1988, directed the dispute to be referred for adjudication by one Shri C. Gupta S.N. Sharma expired on 28 12 1988 survived by legal representatives whose rights are claimed by the appellant to have companye to vest in him.
There was a dispute between one S.N. Sharma and the respondent No.
The appointment of arbitrator was challenged by the Society by filing a civil suit in the Court of Additional District Judge, Delhi who, by an interim order dated 4 10 1989, restrained the arbitrator from proceeding ahead with the arbitration proceeding.
The respondent No.
1 is a companyperative Society governed by Dehli Cooperative Societies Act, 1972 hereinafter the Act for short .
The Society preferred an appeal against the award while the appellant sought for its execution.
