LAWS(DLH)-2024-5-217

SUMAN LATA GUPTA Vs. REGISTRAR COOPERATIVE SOCIETY

Decided On May 14, 2024
Suman Lata Gupta Appellant
V/S
REGISTRAR COOPERATIVE SOCIETY Respondents

JUDGEMENT

(1.) Present writ petition has been filed to summon the records of Arbitration Case No.95 of 2022 titled as 'Suman Lata Gupta vs. Venus CGHS Ltd., Through its Secretary' and issue directions to the respondent no.l to not proceed with the said arbitration case till the decision of the present writ petition. The petitioner further seeks issuance of directions to the respondent no.2 to issue NOC in favour of the petitioner qua her flat bearing no.41, Venus CGHS Ltd., Plot No.7, Paschim Vihar, Rohtak Road, New Delhi-110087 for conversion of the said flat from leasehold to freehold.

(2.) Learned counsel for the petitioner states that the petitioner had earlier filed W.P.(C) 4935/2019 before this Court challenging the illegal and frivolous demand raised by the respondent no.3-Society qua the petitioner's request for conversion. She points out that the said demand had been raised despite issuance of no-dues certificate by the erstwhile Managing Committee of the respondent no.3-Society as well by the Delhi Cooperative House Finance Corporation. She states that vide order dtd. 8/12/2020, the said petition was withdrawn by the petitioner with liberty to invoke Sec. 70 of the Delhi Co-operative Societies Act, 2003 ('DCS Act') for adjudication of the disputes before an Arbitrator.

(3.) She states that despite invocation of Sec. 70 of the DCS Act by the petitioner in November, 2022, no final decision has been taken by the respondent no.1 till date.