Anil Kumar Sen, J. - (1.) This is a revisional application at the instance of the judgment debtor directed against an order dated February 18, 1980 passed by the learned Judge, Third Bench, City Civil Court, Calcutta in Mont) Execution Case No. 44 of 1978. By the order impugned in the present revisional application, the learned Judge has overruled an objection raid by the petitioner to the executability of an award put into execution b) the opposite party,the Ordinance Factories Directorate Co-operative Credit Society Limited. Challenging the said order, it has been contended before us that the learned Judge in tho executing court should have upheld the objection of the petitioner and should have held that the arbitrator who ultimately made the award had not the jurisdiction to do so.
(2.) Is would be necessary to refer to the facts in order to understand the real nature of the objection and decide the issue. Such facts an not disputed and may be set out briefly as follows:- The opposite party Society raised a dispute claiming recover) of a sum of Rs. 11,900/- with interest against the 'petitioner, a member of the Society and another such member. Such a dispute coming under the purview of section 86 of the West Bengal Co operative Societies Act, the Assistant Registrar of Co-operative Societies, being vested with the necessary powers appointed 'the Inspector of Co operative Societies, Arbitration No. 1, Calcutta' to be the Arbitrator to arbitrate over the said dispute. Such appointment was obvious) made under section 87(1)(c) of the Act. At the material time of such appointment Sri B. Das was the Inspector of Co-operative Societies, Arbitration No. 1 and he started the arbitration proceeding and carried on for some time. He was however, later transferred and Sri A.C. Banerjee who replaced him as the Inspector of Co-operative Society of Arbitration No. 1 ultimately made the award which being put into execution, the present objection has been railed. The objection raised before the executing court is that since Sri B. Das was transferred, his successor, Sri A.C. Banerjee could not have automatically assumed jurisdiction to proceed with the reference in the absence of a fresh appointment in his favour in terms of Rule 134(c) of the Rules framed under the Act. This objection has been overruled by the executing court on the view that since Sri B. Das was not personally appointed the arbitrator, there was no necessity of transferring the case or make any fresh appointment for the purpose. Inspector of Co-operative Societies, Arbitration No. 1 having been appointed the arbitrator, Sri A.C. Banerjee as the successor to the office could very well continue the arbitration proceeding and make the award as holder of the post of such an Inspector.
(3.) In challenging the order of the executing court, Mr. Gkosh appearing in support of this revisional application has contended that in law no appointment could be made by designation, so that Sri B. Das, the thin Inspector of Co-operative Societies Arbitration No. 1 was really appointed the arbitrator and when he was transferred it was necessary for the Assistant Registrar of Co-operative Societies to follow the provisions of Rule 134 of the Rules and make a new appointment. That not having been made, the award as made by Sri A.C. Banerjee is totally without jurisdiction and such an objection can very well be raised at the execution stage. Mr. Chatterjee appearing on behalf of the opposite party has contested the points raised by Mr. Ghosh. According to him the appointment made by the designation is quite in accordance with law and such being the appointment, Sri A.C. Banerjee as a successor-in-office was quite competent to make the award without any fresh appointment in his favour. Reliance is placed by him on section 16 of the Bengal General Clauses Act.;