- (1.) This is an appeal under Clause X of the Letters Patent against the judgment dated December 11, 1974 of M.L. Verma, J. in E.F.A. No. 373 of 1972.
(2.) The facts of the case, briefly stated, are that Jauly Co-operative Agriculture Society Ltd. (hereinafter called the Society) raised a loan of Rs. 1,40,000/- from the Central Co-operative Bank Ltd., Rohtak (hereinafter called the Bank). When the Society failed to pay the aforesaid loan, the respondent Bank made an application to the Assistant Registrar, Co-operative Societies, Rohtak, for referring the dispute for arbitration. The Assistant Registrar, appointed Shri Chandgi Ram, Inspector, Co-operative Societies, Gohana, as Arbitrator and referred the dispute for decision to him. Shri Chandgi Ram made the award on 10.3.1971 in the following terms that :- "... ... ... Sh. Prit Singh s/o Lalji Ram and Sh. Sadha Ram s/o Lalji Ram, members of the Jauli Janta Coop. A/S Society Ltd. do pay Rs. 1,40,000/- interest at 5818/- to this date and Rs. 28,000/- costs, or Rs, 1,73,818/- in all, together with interest at the rate of 9% per annum until the realisation of the principal amt. viz. Rs. 173818/-. The above amount shall be paid by 10.5.71, if it is not so paid the amt. may be realised through a civil court, either by the sale of all property of the debtor and securities, which was specially mortgaged for satisfaction of this debt and which is shown in detail in above or any other property belonging to the debtor or security holders."
(3.) The Bank took out the execution of the aforesaid award against Preet Singh and Sada Ram. Preet Singh and Sada Ram filed objections under section 47, Civil Procedure Code, stating that the award was ex parte, that they were given no notice nor they were heard by the Arbitrator, that the Arbitrator was an interested person, that the Assistant Registrar, Co-operative Societies, Rohtak, had no jurisdiction to appoint the Arbitrator, that the award had been made against facts and that the same was void and inexecutable. The Bank resisted the objections raised by Preet Singh and Sada Ram and the following issues were framed by the Executing Court :- 1. Whether the award in question against the judgment-debtor is void, without jurisdiction and in executable ? OPD 2. Relief.;