JAGIR SINGH Vs. COMMISSIONER (APPEALS), JALANDHAR DIVISION

JUDGEMENT

(1.) THE writ petition challenges the order passed by the authorities constituted under the Punjab Cooperative Societies Act, 1961. The petitioner had availed a loan from the Cooperative Agricultural Service Society and recoveries were sought before the Arbitrator in terms of a dispute raised under Section 56 of the Act. The Arbitrator found that out of Rs. 21123.44 advanced to the petitioner, a repayment of Rs. 13921.34 alone had been shown as returned. Balance of Rs. 7202.10 remained outstanding and the award was passed against the petitioner to the above amount with interest and cost. The petitioner was contending that he had made the whole payment through the Secretary, who was arrayed as the 2nd respondent. The Arbitrator also passed an award for Rs. 4250/ -with interest and cost as the amount payable by the 2nd respondent. The petitioner alone had preferred an appeal while the 2nd respondent against whom a portion of the award had been passed, had not preferred any appeal. The appellate authority even without an appeal by the Cooperative Society had modified the Arbitrator's award and cast the entire liability of Rs. 11452.10 against the petitioner. A revision filed to the 1st respondent was dismissed.

(2.) THE learned counsel for the petitioner contends that when all the repayments have been done and admitted by the Ex -Secretary as having been received by him, the petitioner could not have been made liable at all. The other contention is that an Arbitrator's award could not have been modified to cast the whole liability on him, even without an appeal by the Society or Ex -Secretary.

(3.) AS regards the contention that the entire liability could not have been cast on him in modification of the order of the Arbitrator, I find the Cooperative Society itself had not preferred an appeal against the award and there could not have been a modification for its benefit by casting the entire liability on the petitioner. A power, which a Civil Court may have under Order 41 Rule 33 CPC cannot avail in a statutory appeal, which are governed by its own procedures. The provision in an appeal under Section 68 does not detail any special powers akin to the Court under Order 41 Rule 33 CPC. Even the rules framed under the Act do not envisage any special powers for the appellate authority to modify the award without an appeal by an aggrieved party. I, therefore, set aside the appellate authority's order as confirmed by the 1st respondent herein, which has enlarged the liability cast by the award passed by the Arbitrator.