Petitioner filed writ petition after no show-up. Court dismissed it, upholding earlier orders denying opportunity of hearing to respondent.
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Court No. - 59
Case :- WRIT - C No. - 44937 of 2006
Petitioner :- Kshetriya Sahakari Samiti Ltd. Thru Secy. And Another Respondent :- Cooperative Tribunal And Others Counsel for Petitioner :- R.S. Singh Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Case called out in the revised list.
No one appears on behalf of the petitioner to press the present petition which is pending since last 13 years.
An Award dated 27.05.1998 in Arbitration Case No. 309 of 1993 was passed by the Additional District Cooperative Officer, Phulpur, District Azamgarh. Against this Award an appeal No. 38 of 2002 (Narendra Pratap Singh vs. Arbitrator/Additional District Cooperative Officer, Phulpur, District Azamgarh & Others) was filed before the Cooperative Tribunal U.P., Lucknow which was allowed and the liability of the appellant Narendra Pratap Singh which was fixed by the Arbitrator was set aside on the ground that the aforesaid Narendra Pratap Singh was not afforded any opportunity of hearing before fixing his liability.
The petitioner filed a review application which was rejected by the impugned order dated 22.05.2006. Aggrieved with these two orders the petitioner has filed the present petition.
The finding that the respondent Narendra Pratap Singh was not afforded any opportunity of hearing, is a finding of fact based on consideration of relevant material.
In view of the aforesaid and considering the findings recorded in the impugned orders, I do not find any merit in this writ petition.
Therefore, the writ petition is dismissed.
Order Date :- 5.3.2019 VR
Kshetriya Sahakari Samiti Ltd. Thru Secy. And Another
Cooperative Tribunal And Others
Surya Prakash Kesarwani
As recorded by the court registry
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