- (1.) Heard learned counsel for the petitioner. The petitioner, by means of the present writ petition, seeks a writ of mandamus directing the appellate authority to decide his appeal pending before him. The case of the petitioner is that a loan which was taken by him in 1972, was paid by him in instalments. However, since there was a notice on 15.1.1981 showing outstanding amount, the matter was subsequently referred under Section 70 of the U.P. Cooperative Societies Act. The Arbitrator gave an award holding that there was outstanding dues amount to Rs. 6706/50P. The petitioner being aggrieved against that preferred an appeal under Section 92(b) of the aforesaid Act. According to the petitioner, the said appeal was filled as for back as in 1982, but so far the said appeal. Nor his application has yet been disposed of, but the authorities are now pursuing with the recovery of the said amount. Aggrieved against that, the present writ petition has been filed. Under Section 102 of the aforesaid Act, the finally of the arbitration award is only after the appeal is decided. In fact, till that period, the award is un-executable.
(2.) In the present case since the petitioner has already preferred an appeal which is pending before the appellate authority, which has not been disposed of, we hereby direct the appellate authority to dispose of the said appeal expeditiously preferably within a period of two months from the date of presentation of a certified copy of this order before him. Till the aforesaid appeal is decided by the appellate authority, the recovery proceedings as against the petitioner shall remain stayed.
(3.) With the aforesaid observations, the present writ petition is disposed of.;