SUNITA DATTA Vs. SUKHI PARIWAR CGHS LTD.

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India seeking to quash the award dtd. 22/9/2014 passed by the Registrar ('Arbitrator') as well as orders dated 3 rd April, 2019 and 14/9/2023 passed by the Delhi Co-operative Tribunal ('DCT') upholding the impugned award to the extent that it rejects the claim of the Petitioner for membership of the Respondent No.1, Sukhi Parivar Cooperative Group Housing Society Ltd. ('Society').

(2.) The facts of the case to the extent relevant for the present petition are that Petitioner claims to be a member of the Respondent No.1, Society in pursuance to a resolution dtd. 9/9/2022, having deposited a sum of Rs.2,16,000.00 towards membership fee, share money and cost of land etc. It is asserted that Respondent No.1, Society had issued a Share certificate no. 423- A on 17/1/2023.

(3.) It is stated that the disputes arose in 2003, when Respondent No.1, Society forwarded the list of the members to the office of the Registrar for verification and draw of lot for allotment of flats, however, as the name of the Petitioner was not recommended, therefore, the Petitioner had filed arbitration case no. 2480/AR/ARB/2002-03 against the Respondent No.1, Society. The Arbitrator has disallowed the claim of membership of the Petitioner holding that the membership was granted in violation of the applicable law. The appeal filed against the said award has been dismissed by the DCT. However, both the Arbitrator and DCT have directed the Society to refund the amount deposited by the Petitioner with interest from the date of the issuance of the award passed by the Arbitrator.