D.S.Tiwatia, J. - (1.) Petitioners Nos. 1 and 2 were the President and Vice-President of the Managing Committee of the Bijjarpur Co-operative Agricultural Service Society Ltd., as it then was before amalgamation. A dispute regarding embezzlement of certain amount came to be referred to the Arbitrator who vide his award dated 10-1-1973 found that primarily it was Cashier Rakha Ram who was liable to make good the amount mentioned in his award and since in his award he had also found as a facts that in the misutilization of the amount by Rakha Ram. Sadhu Singh Ex-President, Parsa Ram, Ex Vice-President and Krishna Lai, Ex Secretary had actively participated, so while ordering recovery of the amount mentioned in the award, the Arbitrator gave the following direction which formed penultimate para of the award, which reads as under : "Therefore, I order that the amount mentioned in Appendix 'P, be first recovered from Rakha Ram s/o Shri Sawan Ram, formerly Cashier, The Bijjarpur Co-operative Agriculture Service Society Ltd., Bijjarpur, P. O. Tangor, Tehsil Thanesar, District Karnal, by sale of his movable and immovable properties and if the properties are not sufficient to meet whole of the awarded amount, the same be recovered from the properties of Shri Sadhu Singh ex-President, Shri Parsa Ram Ex Vice President and Shri Krishan Lal, Ex-Secretary of the Society." The appeal and the revision filed by the petitioners were respectively dismissed by the concerned authorities. The petitioners have impugned the said award and the orders of the Appellate and the Revisional authorities upholding the same, through the present writ petition. The award Annexure P-1 is in the following terms: "Whereas the dispute between the Bijjarpur Co-operative Agricultural Service Society Ltd. of the First party and Shri Rakha Ram son of Shri Sawan Ram and the person involved (1) Shri Sadhu Singh son of Shri Jhanda Singh (2) Shri Parsa Ram son of Shri Baru Ram and (3) Shri Krishan Lal son of Shri Mastan Chand the Second party. h2002.htm has been referred to me for determination by the Registrar's Order No. 16282 dated 24-11-1972. Now, therefore, I Jyoti Ram Arbitrator having duly considered the matter, hereby direct that Shri Rakha Ram son of Shri Sawan Ram to pay the Bijjarpur Co-operative Agricultural Service Society Ltd. -interest at 12% to this date, Rs. 2416.00 costs or Rs. 20500.00 in all together with interest at the rate of 12% per annum until the realisation of Principal amount, of cash in hand viz. Rs. 14036.88. The above amount shall be paid by Shri Rakha Ram son of Shri Sawan Ram if it is not so paid, the amount my be realised through a Civil Court, either by sale of all property for the satisfaction of this debt belonging to the debtor or both or by arrest of the debtor." Since in this award no liability was fastened on the petitioners, so they succeeded in getting the writ petition admitted.
(2.) Alongwith the written statement the award dated 10-1-1973 which is a detailed award running into five pages has been annexed as N-1. The petitioners have not filed any rejoinder to the written statement and to the assertions that in fact Annexure R-1 was the award that was given against the petitioner and Rakha Ram.
(3.) The award Annexure R-l in question is very detailed as already observed. The learned counsel appearing for the petitioners has not been able to find any fault with this award.;