LAWS(ALL)-1972-2-13

RAJESHWAR MANI TRIPATHI Vs. SAHKARI SAMITI

Decided On February 24, 1972
RAJESHWAR MANI TRIPATHI Appellant
V/S
SAHKARI SAMITI Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiff arising out of the following facts:

(2.) The plaintiff had borrowed some money from the Sahkari Samiti, Balua Mahson. The plaintiff failed to pay the money. The Circle Officer was appointed as an Arbitrator. He decided the case against the plaintiff. The plaintiff then filed the suit on the allegation that the award by the Arbitrator was null and void on the ground that the rule of limitation was not considered as the loan on the basis of which the award was made had been taken beyond three years from the date of the award. It was also contended that the Arbitrator did not follow the procedure laid down under the Co-operative Societies Act.

(3.) The suit was contested by the defendant-respondent on the ground that the award was valid; that the rule of limi tation does not apply to awards made under the Co-operative Societies Act and that the Arbitrator gave the award in accordance with rule.