ROHTAK CENTRAL COOPERATIVE BANK LTD Vs. ISMAILA BRICK-KILN-CUM-PRODUCTION COOP INDUSTRIAL SOCIETY LTD

JUDGEMENT

(1.) A dispute having arisen between the Rohtak Central Co-operative Bank Limited, Rohtak (petitioner) with Ismaila Brick-Kiln-cum-Production Cooperative Industrial Society Limited (respondent), the matter was referred for arbitration under the Punjab Co-operative Societies Act, 1961, (hereinafter the Act), to Shri K.K. Kundra, Industrial Inspector, Cooperative Societies for adjudication, who vide his award held the respondent liable to pay Rs. 33778.39 to the petitioner. The petitioner initiated proceedings to execute the award. The respondent filed an objection petition under section 47 of the Civil Procedure Code. The executing Court framed the following issues:-

(2.) The learned counsel for the petitioner has argued that the respondent was debarred from filing the objection petition under section 82(3) of the Act and the impugned order is liable to be set aside on this ground. The contention is without merit.

(3.) The relevant part of section 82 reads :-