IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9109 of 2006(O&M) Date of Decision: 20.2.2008 Ajit Singh Petitioner Versus Joint Registrar Co-op. Societies, Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri M.D.S.Gill, Advocate for the petitioner Jasbir Singh, J. (Oral) CM No.2306 of 2008 In view of averments made in this application, which is supported by an affidavit, it is allowed, order dated 14.1.2008 is recalled and CWP No.9109 of 2006 is restored to its original number. On request made by counsel for the petitioner, the same is taken up on board for hearing. CWP No.9109 of 2006 It is apparent from the records that the petitioner raised a mid term loan of Rs.15300/- from respondent No.3, the Society. He failed to repay the same. Dispute was raised and the matter was sent to the Arbitrator for decision, who after giving proper opportunity of hearing to both the parties, passed the award dated 15.2.2002 (P/1) against the petitioner. The petitioner was ordered to make payment of Rs.30250/- along with interest Civil Writ Petition No.9109 of 2006(O&M) @ 16%. Petitioner went in appeal, which was allowed vide order dated 24.1.2003 (P/2). Secretary of the Society was held liable to pay half of the amount, remaining half was ordered to be paid by the Bank (respondent No.5). The Bank went in revision, which was allowed. While passing the order dated 19.10.2005, it was observed thus:- “I have considered the arguments of the counsel for the parties and perused the record. I am inclined to agree with the counsel for the Bank that the Bank has wrongly been fastened with liability up to 50% of the loan amount of the loanee by the Assistant Registrar, Cooperative Societies, Patiala vide impugned orders. Further I agree with the counsel for the Bank that when the loanee have confirmed the outstanding amount of loan, the loanee cannot escape their liability hereby on the plea that they are illiterate and their signatures/ thumb impressions were obtained for confirmation the loan by fraud. In view of above discussion I held that the appellate order of the Assistant Registrar, Cooperative Societies, Patiala is illegal and against the facts and therefore set aside the same and restore the award passed by the Arbitrator.” After hearing counsel for the parties and having gone through the record, we are not inclined to interfere at the instance of the petitioner. It is apparent from the records that before the Arbitrator, the petitioner has confirmed/admitted that he has raised the loan. He has failed to show that his thumb impression was obtained on blank papers as has been alleged by his counsel before us. No case is made out for interference. Dismissed. (Jasbir Singh) Judge February 20, 2008 (Jaswant Singh) gk Judge 2