AVTAR SINGH Vs. REGISTRAR CO OPERATIVE SOCIETIES PUNJAB

JUDGEMENT

(1.) The unsuccessful plaintiffs have filed the present regular second appeal which has been directed against the judgment and decree dated 22nd April, 2000 passed by the Court of the Additional District Judge. Barnala, who dismissed the appeal of the appellant/plaintiffs by affirming the judgment and decree dated 10.8.1995 passed by the Sub Judge 1st Class, Barnala who partly allowed the suit of the plaintiffs/appellants.

(2.) The brief facts rise to the filing of this appeal are that the plaintiffs/appellants filed a suit for declaration that award dated 17.1.1977 passed in favour of the respondent-Society against Shri Gurdev Singh, father of the plaintiffs, vide which he was directed to pay a sum of Rs. 83, 147.10 along with interest at the rate of 16% per annum and Rs. 8000/- as costs of the arbitration proceedings is illegal, null and void and the plaintiffs also made a prayer that the permanent injunction be granted in their favour and against the defendants not to recover the amount.

(3.) The case set up the plaintiffs in the trial Court was that their father Shri Gurdev Singh was a Cashier of the Chhinnniwal Co-operative Agricultural Service Society Ltd., Chhiniwal Khurd (for short the Society). He died. The plaintiff's are his legal heirs. Shri Gurdev Singh deceased never obtained any loan from the society nor he was having any balance due to the society. He was simply a Cashier. The dispute might be regarding the amount due to the society against the members but wrong reference has been made by the Society. It was further claimed that the award passed by the Arbitrator is cryptic and it has been passed by violating the rules 53 to 79 of the Co-operative Societies Act. It was further alleged by the plaintiffs that Shri Singh was never consulted for the appointment of the arbitrator. He was not heard during the arbitration proceedings. The dispute was with regard to the distribution of the fertilizer on the basis of Tamasaks which are still lying in the record of the society. The society has not produced any record before the Arbitrator.