BALBIR SINGH BEDI Vs. BHAIKA BAGH COOPERATIVE SOCIETY

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment dated November 12, 1969, of a learned single Judge by which the writ petition had been dismissed.

(2.) Briefly the facts of the case are that a Co-operative Society known as Bhai Ka Bagh Co-operative Society Limited, Dialpura Bhai Ka, District Bhatinda, respondent No. 1 (hereinafter referred to as the Society) was formed by 26 members, on July 26, 1955. There were two groups in the Society, one represented by Balbir Singh Bedi, appellant No. 1 and the other by Haridhan Singh, respondent No. 3. Certain disputes having arisen between the members the Government recommended that an action be taken under Section 27 of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act). Consequently, the Society was superseded on July 12, 1963, and Bhag Singh respondent No. 2 was appointed as an Administrator. There were complaints and counter-complaints from both sides. It was decided in the meeting held on January 20, 1964, that Mr. B.S. Randhawa, Deputy Commissioner, Sangrur, be appointed Arbitrator to decide the disputes. It was also decided that both the parties should prefer their claims to the Registrar, Co-operative Societies, Punjab, by January 30, 1964. In view of the above decision, Haridhan Singh No. 3 filed claims against appellants Nos. 1 to 5. He filed another claim against Prit Pal Singh and his wife Smt. Ajit Kaur appellant Nos. 6 and 7. Balbir Singh Bedi, appellant No. 1 also filed claims for himself and others. Similarly Prit Pal Singh appellant No. 6 filed claim for himself and others.

(3.) At the request of the parties, the Registrar appointed Mr. B.S. Randhawa as the Arbitrator, who started the proceedings of arbitration, heard the parties on various hearings and ultimately on August 14, 1964, returned the case to the Registrar with a note that he tried his best to decide the case but the parties were not in a mood to get it decided by him. On receipt of the note from Mr. Randhawa, the Joint Registrar, Farming, Co-operative Societies, Punjab sent the papers to the Deputy Registrar for appointing Mr. Kashmira Singh, respondent No. 6, as Arbitrator. On January 8, 1965, Mr. Kashmira Singh was appointed as Arbitrator by him. The Arbitrator could not start the proceedings as Stay Order had been issued against him in a writ petition pending in this Court. After the decision of the writ petition by the High Court the Arbitrator started the proceedings and passed an ex-parte award against the appellants on November 19, 1965. The appellants as well as respondent No. 4 having felt aggrieved from the award of the Arbitrator filed appeals under Section 68 of the Act to the Deputy Registrar, Co-operative Societies, Patiala. She modified the award of the Arbitrator vide order dated October 5, 1966. The appellants as well as respondent Nos. 1 to 3 felt dissatisfied from the order of the Deputy Registrar and filed two revisions under Section 69 of the Act. Both the revisions were decided by Mr. K.S. Minhas, Under Secretary, Co-operative Department, and were disposed of on May 8, 1967. The appellants challenged the correctness of the award of the Arbitrator and the orders of the Appellate Authority and the Revisional Authority in a writ petition in this Court. The learned single Judge dismissed the writ petition. They have come up in Letters Patent Appeal against that judgment.