MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have impugned the order of respondent No. 1 passed in revisions filed under Section 69 of the Punjab Co-operative Societies Act, 1961 (For) short the Act');.

(2.) THE only submission raised by Mir. B. S. Khoji, learned counsel for the. petitioners, is that respondent No. 1 allowed respondent No. 4 to file written arguments and placed on record in the absence of the petitioners counsel and he was influenced by those written arguments while, deciding the revision petitions In order to appreciate the submission raised,, it is necessary to state the few relevant fact. :

(3.) DISPUTE, between Talwandi Bhai Co-operative Marketing Society Limited and the petitioners was referred to the arbitrator. The arbitrator rendered the award on August 13,1984. Appeals were preferred against the award of the arbitrator and these were disposed of by the Joint Registrar, Co-operative Societies. Ferozepur, by a order dated April 4. 1986. The awards were upheld. The petitioners challenged the appellate order in revision before respondent Mo, The arguments were heard on September 28, 1988 as the case was adjourned for orders to October 13, 1988. Respondent No. 4, namely, Talwandi Bhai Co-operative Marketing Society Limited, in whose favour the award was made, was represented by a counsel before respondent No. l. The counsel did not reach in time and the arguments were heard in his absence and the judgment reserved. The counsel for respondent No. 4 moved an application before respondent No. 1 that he may be given an opportunity of bearing. The counsel ~was directed to file written arguments and he complied with the same. Written arguments were filed and were taken note of by respondent No. 1 while disposing of the revision petition filed by the petitioners. The order indicates that the levisional authority was influenced by the reasoning given in the appellate order and also by the detailed arguments made in the written submissions filed by respondent No. 4.