UDAM SINGH Vs. S HAZOORA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of the Sikh Gurdwaras Judicial Commission, Amritsar, dated 22nd Sept. 1973, whereby the objections field on behalf of the appellant to the award by the Arbitration were dismissed.

(2.) THE respondent, filed a petition on 26th May, 1971, against the appellant Udham Singh under S. 142 of the Sikh Gurdwaras Act, 1925, on various grounds of malfeasance, misfeasance, neglect of duty, breach of trust, etc., and prayed that he be ordered to pay Rs. 1,36,009/- to them for the benefit of Gurdwara Panchayati Sri Guru Arjan Dev along with damages of RS. 10,000/ by way of interest and that future interest be also allowed from the date of the petition. It was further prayed that the respondent in the petition, i.e., the present appellant, be removed from the membership of the said committee of management and, consequently, from the office of Presidentship and he be further disqualified to become such member of any committee of management of any notified Sikh Gurdwara or the Board for five years, During the pendency of that petition, on 23 Dec. 1972, the parties appointed Shri Ganga Singh, Manager of Shri Darbar Sahib. Amritsar, as an arbitrator and requested the Judicial Commission that the matter in dispute Commission that the matter in dispute be referred to the said arbitrator for decision. THEy also agree that the arbitrator shall have the right to go through the evidence recorded already in the case and himself record in the case and himself record the evidence adduced before him. Consequently, the case was referred to the said arbitrator who made his award on 22nd Feb. 1973 and filed it before the Judicial Commission on 27th Feb. 1973. On the filing of the said award, objections were filed on behalf of both the parties. On the pleadings of the parties, the learned judicial Commission framed the following issues :--

(3.) THE parties, through their counsel, are directed to appear before the Judicial Commission on 14-3-1983. However, there will be no order as to costs. THE records of the case be sent back forthwith. Appeal allowed.