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Judgment
D.S. Tewatia, J.(Oral)
The impugned award (Annexure P.1) dated 23.6.1975 is totally nonspeaking award. This Court in Mathra Dass v. State of Punjab and others, 1975 P.L.J. 42 : 1984 R.R.R. 409, which has been consistently followed, has laid down that the arbitrator under section 56 of the Punjab Cooperative Societies Act, acts as a quasijudicial authority and, therefore, the award made by it has to be a speaking award in which it has to spell out the manner in which it has reached its conclusions.
The impugned award, as already observed is utterly nonspeaking and is, therefore, illegal. Accordingly, the award is set aside and the writ petition is allowed with no order as to costs.
Before parting with the judgment, it may be observed that on behalf of the respondent a new objection to the entertainability of the writ petition was raised on the ground that the petitioner had not exhausted the alternative remedy of appeal etc. provided by the statute.
It may be recalled that this petition was admitted as far back as November, 1975. The plea of preliminary objection of the kind cannot be entertained at the stage of final hearing of the petition more so when the Court had not stayed the payment of the principal amount, which may have been paid already.
The arbitrator shall be entitled to make a fresh award after notice in accordance with law. Petition accepted