- (1.) This appeal is directed against the order of the learned Single Judge dated 26th November, 1982 whereby the writ petition filed on behalf of Mohinder Singh (father of the present appellants) challenging the award dated 13th July, 1972, Annexure P-2, given by respondent No. 3 the Secretary, Cooperative Societies Circle Kadon, district Ludhiana and subsequent orders Annexures P-3 and P-4 passed in appeal and the revision maintaining the same was dismissed.
(2.) The petitioner obtained certain fertilizer loans amounting to Rs. 6994.20 from the Jargari Cooperative Agricultural Service Society Ltd., Jargari between the years 1968 to 1971 but he did not pay back any amount. The Assistant Registrar, Cooperative Societies, Samrala issued a notice to the writ petitioner for recovery of Rs. 108 and Rs. 1079.12 as principal; Rs. 6.50 and Rs. 108.19 paise as interest and Rs. 28.64 and also Rs. 294.33 as costs and also appointed Ved Pal as arbitrator for decision of the dispute. The arbitrator gave its award dated 28th March, 1972 and fixed the liability of the writ petitioner as under :- (i) Rs. 6994.20 as principal amount; (ii) Rs. 850.56 as interest @ 10.5% upto 28th August, 1971; (iii) Rs. 1986.17 as expenses. He also allowed interest at the rate of 10-1/2% per annum, on the principal amount till the payment of the whole amount. The petitioner filed an appeal before the Assistant Registrar, Cooperative Societies, Ludhiana exercising the powers of the Registrar which was dismissed on 30th May, 1973. In his further revision before the Deputy Secretary to Government, Punjab, Cooperation Department, the case was remanded vide order dated 13th November, 1973. On remand the appeal was heard by the Registrar, Cooperative Societies, Ludhiana, whereby he dismissed the same vide order dated 25th November, 1974. The petitioner again preferred a revision which was dismissed by the Deputy Secretary to Government, Punjab Co-operation Department vide order dated 9th April, 1975.
(3.) Before the learned Single Judge, it was argued on behalf of the writ petitioner that the arbitrator had no jurisdiction to make the award beyond the reference. This contention was repelled on the ground that the arbitrator was validly appointed and the petitioner was given ample opportunity to prove his case. The learned Single Judge also observed that "the petitioner's conduct is such that he refused to pay even a single penny out of the loans which he had obtained from the Society and his tactics throughout had been to delay the matter on one pretext or the other. Thirteen/fourteen years have passed since he was advanced loans by the Society, but he has not paid a single penny. On the writ side, unless manifest injustice is shown to have been done, the extraordinary jurisdiction of this Court cannot be invoked." Consequently, the writ petition was dismissed.;