BHARTI INFRATEL LTD Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 05. 06. 2009 passed by the Delhi Cooperative Tribunal in appeal No. 127/2009- DCT. The impugned order also decided the appeal filed by the respondent No. 4 (Adarsh Cooperative Group housing Society Ltd), which was appeal No. 47/2009-DCT. Both the said appeals arose out of the Award of Mr T. C. Rana, who was the Arbitrator nominated by the Registrar of Cooperative Societies, Government of NCT of Delhi, to decide the disputes which had arisen pursuant to a claim filed by the respondent No. 5.

(2.) THE present controversy relates to the installation of a cellular tower on the roof of one of the buildings of the society (respondent No. 5 ). The cellular tower is directly above the roof of flat No. 48 which belongs to the respondent No. 5 herein. After considering the arguments advanced by the parties, the learned Arbitrator directed that the society should remove the cellular antenna. The operative portion of the order reads as under:-

(3.) THIS Award is undated. According to the petitioner, it came to know about the passing of the Award towards the end of November, 2008 through a letter dated 25. 11. 2008 sent by the respondent No. 4 society. It is pertinent to note that the petitioner was not impleaded as a party in the arbitration proceedings. It is also pertinent to note that the petitioner had installed the said cellular tower after entering into an agreement with the respondent No. 4 Society. The said agreement was entered into on 28. 06. 2005 and within a week or so thereafter the tower was installed.