KASHMIRA SINGH Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) Petitioner, Kashmira Singh worked as Secretary of the Khirindwa Co-operative Credit and Service Society Limited, Khirindwa, (in short the Society hereinafter). During the course of his employment as Secretary of the Society there were misappropriation of funds and the dispute with regard thereto was referred for arbitration under Section 55 of the Punjab Co-operative Societies Act, 1961 (hereinafter called 'the Act'). Assistant Registrar Co-operative Societies, Kurukshetra as arbitrator gave an ex parte award (Annexure P-1) on 9.10.1979 in said arbitration reference holding that Rs. 19,492.46 were recoverable from the petitioner. He found that petitioner recovered different amounts detailed in the award from different persons but the same were not accounted for as receipts in the accounts of the Society which were to be maintained by the petitioner as Secretary to the Society.

(2.) During the execution of that award, property of the petitioner was attached vide attachment order (Annexure P-2) dated 4.4.1985. Notice for sale of the attached property to be conducted on 27.3.1987 at 11 A.M. was issued and thereafter petitioner preferred appeal before Deputy Registrar Co-operative Societies, Rohtak who vide his order dated 14.5.1987 (Annexure R-1) dismissed the same as barred by time. The various orders made against the petitioner as detailed above have been assailed by him through this civil writ petition.

(3.) The objection of the petitioner that he had no knowledge about the reference to arbitration and that he was not given reasonable opportunity to defend by the arbitrator in the arbitration proceedings cannot hold good for the simple reason that he put in appearance before the arbitration on 25.7.1978 in response to the notice served upon him. It is mentioned in the award (Annexure P-1) that notice dated 15.7.1978 was sent to the petitioner to appear before the arbitrator on 25.7.1978 which wad received by him and that Shri Kashmira Singh, appeared before the Arbitrator (Shri Madan Singh Assistant Registrar) in response thereto. This fact also finds mention in the appellate order Annexure R-1. It further makes reference to the signatures of the petitioner on the file of the proceedings as well as his admission in this respect as under :-