MULLANPUR CO-OPERATIVE MARKETING-CUM-PROCESSING SOCIETY LIMITED Vs. MAJRI CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD

JUDGEMENT

(1.) This revision petition is directed against the order dated October 31, 1987, passed by Sub Judge Ist Class, Ludhiana, in the execution case. The Mullanpur Co-operative Marketing-cum-Processing Society (in short to be recalled as 'Mullanpur Society') is the decree-holder. A dispute having occurred, the matter was referred to the Arbitrator under the Punjab Co-operative Societies Act, who gave the Award on January 28, 1976, in favour of Mullanpur Society and against Kartar Singh and Majri Co-operative Agricultural Service Society (in short to be called as "Aijri Society"). An appeal was taken to the Deputy Registrar, Co-operative Societies by the Majri Society. There by consent of the parties the Award was modified. A sum of Rs. 11925.64 belonging to Kartar Singh was lying with the Majri Society as security. This amount was ordered to be adjusted out of the amount of the Award i.e. the Majri Society was to straightaway pay this amount to the Mullanpur Society-decree-holder. With respect to the remaining decretal amount it was ordered that Kartar Singh would pay the same along with 12 per cent interest to the Majri Society who in turn would pay the same to the Mullanpur Society. This order was passed on June 15, 1979. Otherwise the appeal was dismissed. The Mullanpur Society decree-holder sought execution against the Majri Society. Objections were filed to the execution by the Majri Society that the execution is to be in accordance with the order passed in the appeal and not of the Award of the Arbitrator. The remaining amount of the Award could not be recovered from the Majri Society, for which execution should be against Kartar Singh. The executing Court allowed the objections vide the impugned order holding that a sum of Rs. 11,925/- along with interest at the rate of 2 per cent be recovered from the Majri Society Judgment-debtor for which warrant of attachment was ordered to issue. The remaining amount of Rs. 23377.36 was recoverable from Kartar Singh with future interest at the rate of 12 per cent.

(2.) Learned counsel has argued that if the Award as well as the appellate order are read together, the decree-holder Mullanpur Society could recover the amount of the Award from the Majri Society as well. There is no force in this contention. The Award made by the Arbitrator merged in the order of the appellate Court i.e. the Deputy Registrar, Cooperative Societies which was passed on June 15, 1979, The same has been read over by the counsel for the petitioner and it makes absolutely clear that the Majri Society was to hand over the amount to the decree-holder only if the same was recovered by the said Society from Kartar Singh, There is no allegation that Kartar Singh had paid the remaining amount to the Majri Society. This being the position the decree-holder if so advised, should proceed against Kartar Singh for the remaining amount of Award against him. There is no force in this revision petition which is dismissed. There will be no order as to costs.