- (1.) Puran Singh has filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of cerriorari quashing award dated 5th December, 1973 made by the Arbitrator. Puran Singh petitioner is a member of the Chohla Co-operative Agricultural Service Society (for short 'the society') He took certain loans from the Society on different dates. He returned a sum of Rs. 4000/- to the Society on 11th June, 1975. He could not repay the remaining amount because of difficult financial position.
(2.) The petitioner did not receive any notice. He was not summoned by any Arbitrator or Officer of the Society. No orders have been passed in the presence or to the knowledge of the petitioner. All of a sudden the petitioner was arrested on 14th June, 1976, in compliance with a warrant issued by the Collector for the recovery of Rs. 17,646/-, which was allegedly due from the petitioner to the Society. On enquiry it was revealed that Santokh Singh Arbitrator had given an award for a sum of Rs. 17,646/- against the petitioner vide award dated December 5, 1973. The petitioner has specifically averred in the petition that he was not given any notice by the Arbitrator to appear before him. The petitioner was not called by the Arbitrator nor any evidence was recorded in his presence. The Arbitrator has given an ex-parte award without summoning the petitioner. Though the respondent-Soceity was served, but it has not chosen to put in a return. The other respondents viz. Santokh Singh Arbitrator and the Assistant Registrar, Co-operative Societies, Ferozepure have also not chosen to file any reply. In this situation, the averments made in the writ petition have to be taken to be true. Incidentally the result is that the Arbitrator passed the award without summoning the petitioner and hearing him. The award is vitiated because it has been passed in violation of the principles of natural justice.
(3.) This writ petition succeeds and is allowed. The award dated December 5, 1973 is set aside. It will, however, be open to the respondents to proceed in the matter afresh in accordance with law. No costs.;