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1996 DIGILAW 553 (ALL)

JAI SINGH v. KASGANJ SAHKARI KRAY VIKRAY SAMITI LTD

1996-05-08

R.K.MAHAJAN

body1996
R. K. MAHAJAN, J. ( 1 ) THIS revision is against the order of Shri Vijay Kumar verma, Civil Judge, Etah dated 25-7-1986 in Misc. Case No. 51 of 1985 arising out of Execution Case-No. 26 of 1982. ( 2 ) IT appears that the award was passed by the arbitrator under Section 71 of the U. P. Co-operative Societies Act, 1965 arising out of dispute between society and one Jai Singh, decree holder. It appears that there was dispute of some realisation of money of contract and amount involved is Rs. 31. 000/ -. The award has been put to execution under Section 92 (c) of U. P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act) to Civil Court. Objection were taken regarding the illegality of passing of award and also it does not fall within the ambit of Section 70 of the Act and reference could not have been made. The learned Civil Judge accepted the objections by holding that the matter should have been taken under Indian Arbitration act and not under Section 70 of the Act. ( 3 ) FEELING aggrieved this revision has been filed. ( 4 ) THE case is taken up in the revised list. Learned Counsel for the revisionist is present. None appears for the respondent. ( 5 ) LEARNED Counsel for the revisionist has argued that the lower Court decision is erroneous on law and facts and he cannot go behind the award. It is a basic principle of law that the executing Court cannot go behind the award unless it is without jurisdiction on the very face of it. ( 6 ) I am of the view that the lower Court has committed jurisdictional error in deciding the objections of the judgment- debtor on the following reasoning: firstly, the dispute was between co-operative society and the contractor and it related to affairs of the society and the reference for making award was valid. There is provision under Section 98 of the Act regarding appeal and award. There is constitution of co-operative tribunal for filing such appeal and other matters. There is also provision for review under Section 99 of the Act of the order of appellate authority and finality of order and decision will be final and will not be questioned in any Court of law under Section 102 of the Act. There is constitution of co-operative tribunal for filing such appeal and other matters. There is also provision for review under Section 99 of the Act of the order of appellate authority and finality of order and decision will be final and will not be questioned in any Court of law under Section 102 of the Act. ( 7 ) NOW coming to the enforcement of execution award, Section 92 of the Act deals with it. It can be recovered as arrears of land revenue. Under Section 92 (2)and 92 (c) Civil Court can be requested to execute it. Civil Court is an agency for executing the award and not going behind the jurisdictional and fundamental facts leading to the passing of award U. P. Co-operative Societies Act is itself contained code and provisions have been made for appeal and review. The respondent did not avail the remedy and as such Civil Court has no power to go behind the award which is just like a decree and has fell into error of law. ( 8 ) WITH result the order dated 25-7-1986 passed by the Civil Judge, Etah is set aside. The revision is allowed and the lower Court is directed to decide the case expeditiously. Revision allowed. .