SARBAN SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) According to the petitioner, on May 29, 1979 a Writ of Demand was served upon him, whereby he was called upon to pay a sum of Rs. 2361/-. On the basis of this Writ, he came to be arrested on June 1, 1976 and remained in civil prison for thirty eight days. It, was stated that he was again being threatened with arrest for non-payment of this amount.

(2.) The case of the petitioner is that he was a member of the Jandauli Co-operative Agricultural Service Society. A sum of Rs. 400/- had been advanced to him as a loan by the Society about ten years ago. This loan was repaid by him about six years ago when he paid Rs. 460/- to Ram Karan, the Secretary of the Society in full and final settlement of the principal amount of the award as also the interest thereon. The Secretary of the Society did not, however, issue him any receipt. He assured that the amount paid had been credited in the books of the Society. The petitioner consequently challenged the legality of the writ of Demand on the ground that the loan taken from the Society had been repaid and at any rate, no notice had been given to him by the Assistant Registrar regarding the dispute with the Society or that an Arbitrator had been appointed and nor had any notice being given to him by the Arbitrator. Quashing of the Writ of Demand was consequently sought.

(3.) No return has been filed in this case on behalf of the respondents.