PAVITRA GROUP HOUSING SOCIETY LTD Vs. NEELAM DEEWAN

JUDGEMENT

(1.) The present writ petition has been filed assailing the award dated 25th January, 2002 made by the arbitrator appointed under section 61 of the Delhi Cooperative Societies Act in Arbitration Case No.AR/ARB/6314/2001 against the petitioner society and in favour of the respondent herein holding that she is a valid member of the petitioner society and that the society had failed to raise demands upon her in respect of the flat against her membership. The petitioner also assails the order dated 17.02.2009 passed by the Delhi Cooperative Tribunal dismissing the appeal of the petitioner against the said award.

(2.) It is contended by the petitioner that the Registrar of Cooperative Societies had constituted the Deewan Chand Committee to examine the affairs of the society. This committee had submitted a report dated 28th December, 1986. The petitioner before this court places heavy reliance on this report pointing out that the petitioner's enrolment was not recommended by this report. The submission therefore is that no other committee could have reopened the matter or gone into the issue of the validity of the petitioner's claim.

(3.) The petitioner is a Cooperative Group Housing Society. Respondent had claimed to be a member of the petitioner society as enrolled in the year 1987 having effected payment of an amount of Rs.10/- towards entrance fee, share money of Rs.100/- and also having deposited an amount to the extent of Rs.46,000/- to the society as initial payment. She relied on a share certificate bearing no.607 which had been issued to her under the seal and signatures of two office bearers, i.e. President and Secretary of the society.