MISHRIMAL Vs. DISTRICT CO-OPERATIVE GROWERS ASSOCIATION LTD

JUDGEMENT

(1.) THIS first appeal has been filed by the plaintiff against the decree of the Additional District Judge, Balaghat, dismissing the suit.

(2.) ON 31-7-1950, the Honorary Secretary of the defendant Co-operative Society made a reference to the Registrar that the plaintiff as a Treasurer of the Society had not accounted for the moneys received by him as such. The plaintiff had admittedly a sum of Rs. 3415-10-8 with him on behalf of the Society, but the dispute arose regarding an item of Rs. 7397-8-0 received by him on the encashment of a hundi which was appropriated by him towards, dues which he had to recover as commission agent. The Registrar gave an award on 30-6-1951 holding that the plaintiff (appellant) was liable to pay Rs. 10,462-15-6 to the defendant. The plaintiff challenged the validity of the award.

(3.) THE plaintiff admitted that his family firm Raotmal Mishrimal acted as a Treasurer from 20-2-1948 till 31-7-1950, but he himself was neither the Treasurer nor a member of the society. Accordingly the reference to the 'registrar was not competent and the award is without jurisdiction.