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1974 Supreme(P&H) 145

B.R.TULI
Mathra Dass – Appellant
Versus
State Of Punjab – Respondent


Judgment

B.R.Tuli, J.

1. This judgment will dispose of Civil Writ No. 570 of 1972, Gurnam Singh v. State of Punjab and others, Civil Writ No. 1153 of 1972, Mathra Dass v. State of Punjab and others, and Civil Writ No. 2140 of 1972, Kehar Singh v. State of Punjab and others, because of the similarity of the questions of law involved in all these cases.

2. In order to decide the points of law involved in these cases, the facts of Civil Writ No. 1153 of 1972 may be stated. The petitioner took a loan of Rs. 10,000/- from the Co-operative Agriculture Service Society of Bandlehri, tehsil Anand Pur Sahib, district Ropar, of which he is one of the members. He took a further loan of Rs. 340/-. Since he did not repay these loans, proceedings for arbitration were taken under section 55 of the Punjab Co- operative Societies Act, 1961 (hereinafter called the Act). It was also alleged by the Co-operative Society that the petitioner had taken a loan of Rs. 18,500/- on November 7, 1968, but this loan was denied by the petitioner. The arbitrator gave award in favour of the Co-operative Society and against the petitioner directing him to pay the sum of Rs. 28,840/- on account of principal, Rs. 5096.9











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