RAGHUBIR MODI Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ petition is premised on the fact that the petitioner had approached the respondent society for enrollment as a member in its vacancies in the year June, 1996. Reliance is placed on payments of several amounts to the respondent society despite which steps for enrollment of the petitioner were not taken by the society. In this background the petitioner approached the respondent No. 1 seeking arbitration of the disputes under Section 60 of the Delhi Cooperative Societies Act, 2003. In these proceedings, an award dated 5th March, 2001 came to be passed by the sole arbitrator inter alia directing the respondent No. 2 to reserve a flat in the housing society for the petitioner.

(2.) The petitioner has asserted that thereafter execution of the award dated 5th March, 2001 under Section 61 of the Delhi Cooperative Societies Act, 1972 was sought by way of an application filed on 12th February, 2007 under the provisions of Section 105 of the Delhi Cooperative Societies Act, 2003. There was no appearance before the learned Assistant Registrar to whom the execution case was transferred or, several dates. Finally the Assistant Registrar proceeded on the basis of written replies which were filed before her directing the respondent society to call upon the petitioner to remit back the amount of Rs. 4,44,000/- with interest accrued/earned till date. As per order which was thus passed on 23rd December, 1999, the society was directed to credit Rs. 4,18,000/- under different heads including share money, admission fee, construction costs etc. as well as interest by the society to members by depositing Rs. 26,000/- which was directed to go to the credit of the society. The society was directed to raise the same demands on the petitioner treating him with par with other members of the society.

(3.) The present petition has been filed on the plea that the respondent society has failed to comply with these directions given by the Assistant Registrar in the order dated 23rd December, 2009.