Kanshi Ram vs The Secretary Department of Co-operation and Others

T.H.B. Chalapathi, J.—This writ petition is filed to set aside the award passed by the Arbitrator on 25.5.1973 as confirmed by Annexures P-3 and P-4.

The facts leading to the fling of the writ petition briefly be stated as follows:-

The petitioner and Hira Ram (respondent No. 6 herein) took a loan from the Mithanpur Cooperative Agricultural Service Society, Mithanpur respondent No. 4. The petitioner and Hira Ram became liable to pay a sum of Rs. 3993/- to the society in the year 1972. When the said amount was sought to be recovered, the petitioner stated that he paid the amount to respondent No. 5 Bura Ram who was the Cashier of the Society on 21.7.1912 whereas respondent No. 5 denied the receipt of the amount from the petitioner, whereupon the matter was referred to an Arbitrator. The petitioner and Bura Ram appeared before the Arbitrator on 10.5.1973. The petitioner stated before the Arbitrator that if Bura Ram swore that he had not received the amount, the petitioner was prepared to pay the amount. On that Bura Ram agreed and took oath. Thereafter, the Arbitrator passed on award directing the petitioner to pay an amount of Rs. 2740/- in three instalments. Thereafter, for non payment of the amount, the petitioner was detained in civil imprisonment u/s 67-A of the Punjab Co-operative Societies Act, 1961 (for short ''the Act''). After his release, he filed a criminal complaint against Bura Ram. That complaint was taken on file u/s 409 Indian Penal Code in Case No. 326 dated 30.12.1974. At this Bura Ram produced copy of the award of the Arbitrator and got him released from the proceedings. Thereafter in the year 1980 the petitioner preferred an appeal against the award of the arbitrator to the Registrar, Co-operative Societies who dismissed the appeal on the ground of delay. Against the same, a revision petition was filed by the petitioner and Hira Ram before the Secretary, Cooperative Societies, Haryana who by his order dated 13.5.1981 under Annexure P-4 dismissed the revision on the ground of delay.

Aggrieved by the said orders, the petitioner approached this Court for setting aside the award of the Arbitrator dated 25.5.1978 as confirmed by the Registrar, o-operative Societies and Secretary, Co-operation, Haryana as per orders Annexures P-3 and P-4.

Learned counsel for the petitioner firstly contended that the Arbitrator has acted illegally and in contravention of the principles of natural justice. According to him, the petitioner was not given an opportunity to appear before the Arbitrator and copy of the award was not given to him. But the award passed by the Arbitrator shows that all the three parties to the dispute, namely the petitioner, Hira Ram and Bura Ram appeared before him on 10.5.1978 and the petitioner challenged Bura Ram to take oath in regard to the non receipt of the amount from the petitioner and the petitioner also stated before the Arbitrator that in case Bura Ram swears, he is prepared to pay the amount. Accordingly, Bura Ram swore to the fact of non receipt of the amount from the petitioner. Therefore, it cannot be said that the Arbitrator has not given any notice to the parties. The parties concerned appeared before the Arbitrator. Thereafter, the Arbitrator passed the award. The petitioner filed an appeal before the Registrar, Co-operative Societies on 27.4.1980 i.e. after a delay of nearly about seven years from the date of the award. According to the petitioner, he was not aware of the award and, therefore, the delay in filing the appeal occurred. This submission of the learned counsel for the petitioner cannot be accepted in view of the specific averment contained in paragraphs 5, 6 and 7 of the writ petition. In paragraph 5, the petitioner has categorically stated that he was arrested and detained in civil imprisonment for a period of 40 days for non payment of dues of the Co-operative society u/s 67-A of the Act and thereafter he stated in paragraph 7 of the petition that a complaint was filed against Bura Ram and that case was taken on file by the Magistrate u/s 409 I.P.C. in Case No. 326 of 30.12.1974 and it is also mentioned in the petition that Bura Ram respondent No. 5 has produced a copy of the award of the Arbitrator in the criminal case. Therefore, it cannot be said that the petitioner had no knowledge of the award passed by the Arbitrator. The averments in the writ petition itself go to show that the petitioner had knowledge of the award even in the year 1974 when he was arrested and detained u/s 67-A of the Act and when he gave a criminal complaint to the police against Bura Ram. Thus, there is delay of seven years in filing the appeal before the Registrar, Co-operative Societies to set aside the award passed by the Arbitrator. This delay is not explained by the petitioner except saying that he has no knowledge of the award. As already observed, the contention of the learned counsel for the petitioner that he had no knowledge of the award cannot be accepted. I do not, therefore, find any ground warranting any interference either with the award or with the orders of the Registrar, Co-operative Societies or with the order of the Secretary, Co-operation in Annexure P2 to P4.

The writ petition accordingly fails and is hereby dismissed. However, in the circumstances of the case there will be no order as to costs.