URMILA SUNEJA Vs. DELHI CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) Petitioner is aggrieved by the order dated 7.11.2000 passed by the Delhi Cooperative Tribunal dismissing the petitioner's appeal under section 76 against the award dated 16.8.2000, passed by the Joint Registrar.The controversy in the writ petition relates to the seniority sought to be claimed by the petitioner as member of the Cooperative Society and consequently her entitlement for allotment of a flat.

(2.) Learned counsel for the petitioner has persuasively attempted to urge that while, petitioner had become a member on 18.10.1995, respondents 4 and 5 had become members of the society subsequently on 28.10.1995. For this he places reliance on an initial list, which is stated to have been prepared by the society and forwarded to the Registrar of Cooperative Societies. He submits that the names of respondents 4 and 5 are shown at serial Nos.211 and 212 with date of admission as 28.10.1995 in the list Annexure-P.7.

(3.) The Managing Committee of the Society had been superseded under Section 32 of the Delhi Cooperative Societies Act. An Administrator was appointed. The case of the parties before the Arbitrator as well as before the Tribunal had been that a large number of members had been enrolled on 18.10.1995. The issue with which the Arbitrator and the Tribunal have dealt with relates to the criteria to be adopted for determination of inter se seniority between members, who have been enrolled on the same date i.e. 18.10.1995. The date 18.10.1995 is based on the receipts issued to the members for the share money and admission money paid.