Dissatisfied with these awards amin Saheb filed two revision applications before the Bombay Co operative Tribunal.
Apart from certain objections on the merits of the awards a preliminary objection was taken before the Tribunal as regards the legality of the awards on the ground that the Board as last companystituted had acted on, evidence number recorded before it.
Accordingly, they set aside the orders passed by the Tribunal and restored the awards made by the Board of Arbitrators.
580 and 581 of 1956.
The Judgment of the Court was delivered by DAS GUPTA, J. Disputes having arisen between the appellant, a Co operative Bank and one Amin Saheb Patil, who had taken loans from the Bank and Kutubuddin Mohamad Ajim Kazi, who had stood surety in respect of the loans they were referred to arbitration in two references under s.54 of the Bombay Co operative Societies Act, 1925.
leave from the judgment and order dated July 17, 1956, of the Bombay High Court in Special Civil Applications Nos.
This Board also recorded some evidence but after sometime Mr. Kotwal also retired.
April 23.
555 556 of 1960.
The Bank has number appealed against the decision of the High Court after obtaining special leave from this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
V. Viswanatha Sastri, B. R. Nayak and Naunit Lal, for appellants.
Abdurrahman Adam Omer, S. N. Andley, Rameshwar Nath and P. Vohra, for the respondents No.
After the Board had several meetings and recorded some evidence Mr. Trilokeker, who was the numberinee of the borrower, Amin Saheb, retired.
Thereafter the Board was re constituted with Mr. Kotwal as the new numberinee of the borrower.
Further evidence was recorded by the Board thus companystituted and finally the Board gave its award in the matters on March 14, 1955.
There was a fresh companystitution of the Board with the other two members as before and Mr. M. D. Thakur as the numberinee of the, borrower.
Appeals by special.
The Board of Arbitrators originally companysisted of Mr. L. V. Phadke, Mr. K. Phadke and Mr. Trilokekar.
1 and 3 to 6.
