LAWS(P&H)-1983-3-104

TIRATH SINGH Vs. STATE OF PUNJAB

Decided On March 14, 1983
TIRATH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The Manat Co-operative Agricultural Service Society Limited (respondent No. 4) claimed the refund of Rs. 2530/- and Rs. 1300/- from the petitioner allegedly advanced to the latter on December 1, 1967 and February 29, 1968, respectively by way of loan against bonds. The petitioner denied his liability to pay the amount claimed from him with the result that the matter was referred to an Arbitrator who gave his award dated July 14, 1975 (P.4) whereby the petitioner was directed to pay Rs. 3830/- by way of principal, Rs. 700/- as interest and Rs. 1133/- as costs. The petitioner was also made liable to pay future interest on the principal amount. The award P.4 was ex parte against the petitioner. On the date of the award, the petitioner appeared before the Arbitrator after the award had been announced. The petitioner put in an application for getting the award of the Arbitrator set aside on which no action was taken. The petitioner has assailed the award as also the inaction on the part of the Arbitrator to decide his application for getting the award set aside in his writ petition.

(2.) The learned counsel for the petitioner has argued that the Arbitrator did not appreciate the evidence which was led before him and the impugned award P.4 is liable to be set aside. The contention is without merit. The petitioner cannot get the impugned award P.4 set aside in writ proceedings on the ground that the Arbitrator did not appreciate the evidence led before him properly.

(3.) The learned counsel for the petitioner has then contended that it was obligatory on the part of the Arbitrator to decide the application filed by the petitioner for getting the award set aside. This contention of the learned counsel for the petitioner must prevail. The ex parte award was announced on July 14, 1975. Joginder Dass Arbitrator in his written statement has admitted that the petitioner had submitted an application before him on the date of the award after it had been announced. According, to the learned counsel for the petitioner, the latter had moved an application for getting the award set aside, on the date of the award being so, it was obligatory on the part of the Arbitrator to dispose of this application according to law.