HARKISHAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Punjab and Haryana High court at Chandigarh dismissed the writ petition of the appellants in limine, which has given rise to this appeal.

(2.) On the bare outlines of the matter, it is clear that there is not much scope for interference at our end. The appellants are heirs and legal representatives of Mathura Parshad, deceased, cashier-cum-member of the Cooperative Society, Respondent 3. On his demise, it was discovered that he had defalcated large sums of money of the Society. Since a dispute arose between the Society and its deceased member, about the recovery thereof, the heirs and legal representatives of the deceased, Mathura Parshad were made to face proceedings. An arbitrator was appointed to go into the matter in accordance with the provisions of S. 55 and 5c) of the Punjab Cooperative Societies Act, 1961. An award was made by [he arbitrator against the appellants, being heirs and legal representatives of Mathura Parshad, deceased, not only for the principal amount found due, bin also for the liability to pay interest at the rate of 16 per cent per annum and costs at the rate of 2 per cent on the sum awarded. On appeal before the Deputy secretary of the Department, at the instance of the appellants, the liability to pay the principal sum was sustained but rest of the award i. e. pertaining to interest and costs was struck off. The appellants' writ petition, as said before, was dismissed in limine by the High court, repelling the plea raised that the dispute did not squarely fall within the purview of S. 55 and 56 of the Punjab Cooperative Societies Act, 1961.

(3.) Though the order of the High court in sum and substance is in approval of the orders of the departmental officers, one claim however, laid in the writ petition, needs to he highlighted. That was contained in ground (j) in paragraph 11 of the writ petition. It is reproduced hereafter: