MADAN B. LOKUR, J. (ORAL) 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:- “Award given under my hand and seal on this 16th April 1996. The approval of Jt. Registrar for disposing off the case beyond period of three months was sought on telephone.” 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 & 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. 4. Rule 89 of the Delhi Cooperative Societies Rules, 1973 reads as follows:- ?89. Award or Decision (1) The arbitrator shall make a memorandum of the statements of the parties who attended and of such witnesses are examined and upon the evidence so recorded and after considerations of any documentary evidence produced by either party shall make an award in accordance with justice, equity and good conscience, he shall record his award signed and date it within a period of three months and shall communicate it to the parties concerned. In case the arbitrator is unable to decide the case and make the award within three months he shall seek extension of the period in writing from the Registrar by making an application to him. .(2) to (8) xxx xxx xxx? 5. In case the arbitrator is unable to decide the case and make the award within three months he shall seek extension of the period in writing from the Registrar by making an application to him. .(2) to (8) xxx xxx xxx? 5. A perusal of the aforesaid Rule indicates that the Arbitrator is required to make his award within three months and if he is unable to make the award within that time, he has to seek extension of time by making an application in writing to the Registrar, Cooperative Societies. 6. Insofar as the present case is concerned, there is no doubt that the Arbitrator did not make any request in writing as has been mentioned by him in the award itself. That being the position, we have no option but to set aside the award passed in Arbitration Case No.17/JRI/GH/93-94 as well as the order dated 30th July, 1996 passed by the Delhi Cooperative Tribunal in Case No.65/96-DTC being an appeal under Section 76 of the Delhi Cooperative Societies Act, 1972 upholding the award. 7. The matter is remitted back to the Registrar, Cooperative Societies for appointing an Arbitrator to look into the disputes in accordance with law. 8. The Registrar, Cooperative Societies will take a decision with regard to the appointment of an Arbitrator and communicate it to Petitioner No.1. 9. We have been informed that during the pendency of these proceedings, Petitioner No.2 has expired and Petitioner Nos. 3 and 4 have sold their flats. Obviously, Petitioner Nos. 3 and 4 are no longer interested in the outcome of the writ petition. The position with regard to Petitioner Nos. 5 and 6 is not clear. Therefore, whatever decision is taken by the Registrar, Cooperative Societies with regard to the appointment of an Arbitrator should be communicated to Petitioner Nos. 5 and 6 also. 10. The writ petition is disposed of in the above terms.