- (1.) THIS petition has a peculiar background and it challenges an award of the arbitrator in proceedings of arbitration under the U.P. Cooperative Societies Act, 1965. Sri Bajpai for the respondent urges that the petition is not entertainable.
(2.) THE background in which such an arbitration came up for consideration was the outcome of payments to a contractor on the basis of a legal noting of the petitioner who was the then Law Officer of the respondent -Cooperative Federation. The allegation is that the petitioner was a Member of a six member High Powered Committee that had taken a decision for payment to the contractor, and according to the internal departmental objections taken, such payment was on the basis of a totally wrong calculation causing a huge financial loss to the federation.
(3.) CONSEQUENTLY , two sets of proceedings emanated, one for computing the loss caused and realization as surcharge from the personnel who were responsible for it including the petitioner, and the second was the invoking of the arbitration clause by the contractor to receive the same disputed amount.;