Satish Chandra, C.J. - (1.) This revision is directed against an order dismissing a preliminary objection that the application under section 33 of the Arbitration Act is not maintainable.
(2.) It appears that the plaintiff-opposite-party filed an application under section 33 of the Arbitration Act for the setting aside of an arbitration award on the ground that the same was illegal, void and without jurisdiction and the provisions of the U.P. Co-operative Societies Act were not followed and the principles of natural justice were also not observed. It appears that the arbitration proceedings were conducted under the provisions of the U.P. Co-operative Societies Act.
(3.) The Court below relying upon Deccan Marchants Co-operative Bank Ltd. v. Messrs. Dalichand Jugrai Jain and others, AIR 1969 SC 1320 and Fida Ali v. Amroha Sahkari Kraya Vikraya Samiti Ltd. Amroha District Moradabad, 1977 ALJ 173 held that the petition under section 33 of the Arbitration Act was maintainable and dismissed the objection raised by the defendant.;