Sunanda Bhandare ( 1 ) THIS petition under Article 227 of the Constitution of India is directed against the order of the Delhi Co-operative Tribunal Delhi dated 1st March, 1976 whereby the majority Award dated 2nd November, 1971 by Shri P. M. Sharma, Registrar s nominee was set aside and the Tirbunal directed the petitioner to give a plot of land to Smt. Shanti Shindhi according to her seniority in D. M. C. Staff Co-operative House Building Society. ( 2 ) A dispute raised by respondent No. 1 against the D. M. C. Staff Co-operative House Building Society Limited was referred to the arbitration by the Registrar of Co-operative Societies. Pursuant to a complaint made by respondent No. 1 dated 12th February, 1971 against the Society for not allotting her a plot in the said Society. The Board of Arbitrators consisted of three arbitrators of prescribed under Section 54 of the Bombay Co-operative Societies Act as extended to Delhi. The Award was made on 2nd November, 1971 by Shri P. M. Sharma, the nominee of the Registrar in conjunction with Shri M. C. Aggarwal, the nominee of the Society. The Arbitrator nominated by respondent No. 1 however recorded a note of dissent and appended a separate hand writeen 2 pages note specifically standing that there were no deliberations discussion between the arbitrators, and the Registrar s nominee had written they award without any discussion on merits. This award rejected the claim of respondent no. 1. An appeal was filed to the Delhi Co-operative Tribunal which was allowed by the impugned order dated 1st March,1976. ( 3 ) THE main contention of the appellant is that under Section 54a of the Bombay Co-operateve Societies Act as applicable to Delhi at the relevant time, the Tribunal has the power to set aside the award but has to in the first instance refer the dispute back to the arbitrator in the manner provided under Sec. 54 of the Act It is only when the award is again made by the arbitrator under sub-section (3) of Section 54 A that the Tribunal can as provided under sub-sec. (4) of Section 54a, either modify the award or pass such other order as it deems just. Therefore, the Tribunal exceeded its jurisdiction in straight away directing allotment of plot to respondent No. 1. (4) of Section 54a, either modify the award or pass such other order as it deems just. Therefore, the Tribunal exceeded its jurisdiction in straight away directing allotment of plot to respondent No. 1. ( 4 ) THE respondent however contests this proposition and it is submitted by the learned counsel for the respondent that the Tribunal rightly set aside the award because it was passed without due deliberation between the arbitrators and thus the Tribunal had the power to grant the relief sought by respondent no. 1. ( 5 ) SINCE the Tribunal had set aside the award mainly on the ground that one of the arbitrators had written a note of dissent stating that no deliberations were held between the arbitrators-before the award was made, it is felt that to resolve all the disputes between the parties, the proper course would be to now refer the dispute to an independent arbitrator for a fresh decision in the matter. Both the parties agree that since long time has elapsed, if the dispute is referred to arbitration of a retired Judge of this Court it will also be decided expected expeditiously. Both the parties have jointly suggested the name of Shri D. R. Khanna, a retired Judge of this Court. ( 6 ) SINCE the parties have agreed to this course of action, I set aside the order of the Tribunal and refer the dispute to the arbitration of Shri D. R. Khanna. Since the dispute is very old and the old arbitration is not available, respondent No. 1 is permitted to file afresh statement of claim. The parties will appear before the learned Arbitrator on 30th April, 1988 at 11 AM. The learned Arbitrator will proceed with the case as convenient to him but is directed to submit the award within three months from today. The arbitrator will be paid a fee of Rs. 5000 which with be borne by both the parties in equal proportions. ( 7 ) IN the above terms the petition is disposed of. A copy of this under be sent to the learned arbitrator forthwith. No costs.