CHHAYA BAPU KOLI Vs. NAVBHARAT VIKAS SOCIETY

JUDGEMENT

(1.) Respondent No. 1 is a registered co-operative society and carried on its activities at Vasagade, Karvir Taluka, Distt. Kolhapur. It carried on a foodgrain shop wherein foodgrains were sold and it had employed one Anna Dada Koli. This Anna Dada happened to be a brother of Bapu Dada Koli.

(2.) Anna Dada is said to have defalcated while he was in the employment of the society and misappropriated the society's funds. Arbitration proceedings, therefore, against him were commenced in or about .the year 1971, during the life time of Anna Dada and they were Arbitration Dispute ABN/K 1417 of 1971-72. An Award came to be passed in that arbitration proceeding, the material part of which is extracted in the judgment of the learned Appellate Judge. It appears that Anna Dada died during the pendency of the arbitration proceeding and the award, therefore, reads (freely translated) that the Award should he executed against the estate of the deceased in the hands of the heirs of deceased 1-A and l-B.

(3.) There is no dispute that on the death of Anna Dada respondent No. 2 Bapu Dada, his brother and the mother of the brothers Anna and Bapu were joined as heirs and legal representatives of the deceased Anna Dada. They were respondent Nos. 1-A and 1-B to the Award.