SHAHABAD FARMERS COOPERATIVE MARKETING-CUM-PROCESSING SOCIETY LTD. Vs. ASSISTANT REGISTRAR, COOPERATIVE SOCIETIES, KURUKSHETRA

JUDGEMENT

(1.) THIS petition under Articles 226/227 of the Constitution of India, has been filed by the Shahabad Farmers Cooperative Marketing-cum-Processing Society Ltd. (hereinafter called the petitioner) seeking the issuance of a writ in the nature of certiorari quashing the impugned order Annexure P-6 passed by the Recovery Officer, dated November 06, 1985. The petitioner is a Cooperative Society registered under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act') in the State of Haryana.

(2.) ARBITRATION Reference was moved by the petitioner under Sections 55/56 of the Act in the year 1974. Respondent No. 2. Balwant Singh against whom the award had been given filed an appeal before the Deputy Registrar, Cooperative Societies, Karnal, under Section 68 of the Act. The validity of the award was upheld with the modification that rate of interest shall be 6% instead of 12%. The modification has been made in view of the law laid down by the Full Bench of this Court in the case of State of Punjab v. Ajit Singh and others, 1979 PLJ 334.

(3.) THEREAFTER , the Assistant Registrar, Cooperative Societies, Kurukshetra, exercising the powers of the Registrar, Cooperative Societies under the Act, issued a notice to respondent No. 2 under Order 21 Rule 66 CPC for the recovery of the awarded amount. On January 12, 1984, the parties entered into a compromise and the entire matter was settled. This compromise was reached between the parties on January 12, 1984. It was further provided that if respondent No. 2 commits default in payment of any instalment, the petitioner will be entitled to recover the whole amount along with interest by auctioning the immoveable property of respondent No. 2 and all the expenses of the same shall be borne by respondent No. 2. It is clearly stated that the compromise was fully accepted and it was noticed in the compromise deed as follows:-