TARN TARAN PRIMARY COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD Vs. FINANCIAL COMMISSIONER COOPERATION, PUNJAB

JUDGEMENT

(1.) THE Tarn Taran Primary Cooperative Agricultural Development Bank Limited has preferred this writ petition under Articles 226/227 of the Constitution of India for quashing the appellate order dated 14.3.2002 passed by the Additional Registrar Cooperative Societies - respondent No. 2 and revisional order dated 1.10.2004 passed by the Financial Commissioner Cooperation, Punjab.

(2.) THE petitioner resorted to arbitration proceedings under Punjab Cooperative Societies Act, 1961 (hereinafter to be mentioned as 'the Act') claiming the amount of Rs. 30,000/- from Baldev Singh and Sukhwant Singh, sons of Joginder Singh resident of village Bagrian, Tehsil Tarn Taran. According to the petitioner Baldev Singh and Sukhwant Singh purchased a tractor in the year 1971 by raising loan from Tarn Taran Primary Cooperative Agricultural Development Bank Limited (hereinafter to be mentioned as 'the bank') after mortgaging their properties in favour of the Bank. The petitioner delivered a cheque of loan amount in favour of M/s Farmer Tractor House, for purchase of tractor by the loanees - Baldev Singh and Sukhwant Singh. The said loanees had not made the repayment of the loan amount, hence arbitration proceedings were resorted to by the bank against the loanees under Section 55/56 of the Act in the year 1976 and the dispute was decided in favour of the bank on 21.4.1976. The loanees filed an appeal under Section 68 of the Act, which was dismissed by the appellate authority. The loanees filed revision petition before the Deputy Secretary Cooperation against the award as well as the appellate order. During the pendency of that revision petition, the bank resorted to execution of the award and the land of the loanees was auctioned under the provisions of Punjab Land Mortgage Bank Act, 1957. The loanees challenged the sale before the Registrar and the sale was set aside by the Registrar and case was remanded to the Assistant Registrar Cooperative Societies, Amritsar for fresh sale. Thereafter, the Deputy Registrar issued auction notice dated 23.5.1997 against which the loanees again filed a revision petition before the Government and the Additional Secretary Cooperation, Punjab vide order dated 12.8.1998 directed the Deputy Registrar Co-operative Societies. Amritsar to decide the case of arbitration afresh in accordance with law in view of earlier revisional order dated 31.10.1983. After the remand order, the. Deputy Registrar Cooperative Societies, Amritsar decided the case on 18.3.1999 against the bank. However, the Deputy Registrar Cooperative Societies, Amritsar appointed a Commission to ascertain the purchase of tractor. The bank filed an appeal under Section 68 of the Act before the Registrar, which was entrusted to the Joint Registrar (Milk Supply) Cooperative Societies, Punjab, who vide his order dated 26.11.1999 set-aside the order dated 18.3.1999. As per the order passed by the Joint Registrar Cooperative Societies, a fresh arbitration case was prepared by the bank and was filed before the Deputy Registrar, Cooperative Societies, Amritsar. The Deputy Registrar decided the case in favour of the bank vide order dated 5.9.2000. An appeal under Section 68 of the Act was preferred by the loanees and the Additional Registrar vide order date 14.3.2002 accepted the appeal, reversing the award dated 5.9.2000.

(3.) AGGRIEVED by the abovesaid order dated 14.3.2002 passed by the Additional Registrar and order dated 1.10.2004 passed by the Financial Commissioner Cooperation, Punjab, the present writ petition has been filed.