DELHI DAYALBAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD Vs. HASH REGISTRAR COOPERATIVE SOCIETIES AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The above noted appeals are directed against the orders separately passed by the High Court of Delhi in writ petitions filed at the instance of the present appellant Society which came to be dismissed upholding the order of the Cooperative Tribunal setting aside the award passed by the Registrar Cooperative Societies holding that the Arbitrator had no jurisdiction to examine the validity and legality of the registered sale deed which can be questioned only by availing a remedy in the Civil Court holding jurisdiction. Orders were separately passed by the Tribunal in the cases of the individual members in whose favour sale deed was executed by the society, having been separately decided by the High Court, which has been challenged in these batch of appeals.

(3.) The facts that emerge from the multitude and collateral and exhaustive pleadings in brief are that the appellant is a house building Society originally registered with the Registrar, Cooperative Societies, Delhi ("hereinafter being referred to as "RCS") under the provisions of the Bombay Cooperative Societies Act, 1925. On enactment of the Delhi Cooperative Societies Act, 1972, the provisions of the Act, 1972 and the rules framed thereunder came to govern the field. However, the Act of 1972 came to be repealed by the Delhi Cooperative Societies Act, 2003(hereinafter being referred to as the "Act 2003") as amended by the Delhi Cooperative Societies(Amendment Act), 2006 which now governs the field along with Delhi Cooperative Societies Rules, 2007 framed thereunder.