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1988 Supreme(P&H) 636

UJAGAR SINGH, J.V.GUPTA
Hoshiarpur Central Co-operative Bank Ltd. , Hoshiarpur – Appellant
Versus
Urmar Harmonium Reed Workshop C. I. S. Ltd. – Respondent


Judgment

J.V.GUPTA, J.

1. This case has come up before us on a reference by the learned single Judge as there were two conflicting decisions of this Court in the Lalru Cooperative Agricultural Service Society. Ltd., Lalru V/s. Patiala District Wholesale Cooperative Supply and Marketing Society, 1979 Pun LJ 66 and the Pandhwa Co-op. Agricultural Service Society V/s. Sukdev Singh, 1979 Pun LJ 287. The controversy between the parties is; whether the award given by the Arbitrator under the Punjab Co-operative Societies Act, 1961 , (hereinafter called the Act) can be held to be a nullity by the executing Court if it is a non-speaking one?

2. In the present case, there was an award in favour of the Hoshiarpur Central Cooperative Bank Ltd. for a sum of Rs. 35,311.70. When the execution of the said award was being sought, objections were filed on behalf of the judgment-debtor alleging that the award was void, illegal and invalid; hence it could not be executed. According to the judgment-debtor, no notice was given by the Arbitrator before the award was announced and that the Arbitrator had no jurisdiction to award the future interest. It was also pleaded that the award was a non-speaking on







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