SAROJNI NAGAR SAINIK CO Vs. U.P. CO

JUDGEMENT

(1.) Sarojini Nagar Sainik Co-operative Housing Society Limited Lucknow is a Co-operative Housing Society registered under the provisions of the U.P. Co-operative Societies Act, 1965 and the Rules made thereunder. It appears that the respondent No. 3 applied for being enrolled as member of the said society on 20-6-1980 and In the declaration form accompanying the application form, he showed his ago as 19 years The respondent No. 3 deposited membership fee amounting to Rs 5/- and also Rs. 100.00 as share money. Subsequently, he deposited a sum of Rs. 502.5.92 P. for allotment of Plot No. 46. The society by means of its letter dated 28th Aug., 1980, informed the respondent No. 3 with reference to his letter dated 24-8-1980 that formalities regarding allotment of corner shop, Kanpur Road and Sharda Canal Road Sarojini Nagar, regarding which your money and membership fee were accepted by the Society, are in progress " The said letter proceeds further that "no sooner this process is over, you will be informed immediately and transfer letter etc. shall be handed over consequently. This "letter was issued by Sri Babu Ram Singh Administrator of the society. By means of another letter dated 24th Aug. 1984, the respondent No, 3 was informed that "the Committee on 23-8-1984 has decided on rules tor the allotment of shop plots. Some of the conditions for allotment of shop plots are :

(2.) It appears that thereafter the third respondent raised a dispute under Sec. 70 of the U. P, Co-operative Societies Act, 1965, which was referred to for arbitration to the Arbitrator/Co-operative Officer (Awas) Lucknow by his order dared 23-1-1987, a copy of which is annexed as Annexure-5 to the writ petition, passed in Case No. 211 of 1986 Rajesh Chaudhary Vs. Sarojini Nagar Sainik Co-operative Housing Society, Lucknow and other, directed the respondent No. 3 to b-3 allotted a plot in accordance with the rules. The parties were directed to bear their own costs. It appears that award given in the said case was not implemented whereupon the respondent No. 3 raised another dispute giving rise to Case No. 25 of 1988, Rajesh Chaudhari Vs. Sarojini Nagar Co-operative Housing Society, Lucknow and others. The Asstt, Housing Commissioner/Asstt. Registrar cum-Arbitrator by his award dated 13-1-1988 annexed as Annexure-6 to the writ petition directed the, petitioner society to enrol the respondent No. 3 as its member forthwith and to determine his seniority on the basis of the admission fee and share money already deposited by him in the past. The Arbitrator farther directed the society by means of the said Award dated 13-1-1988, to take necessary steps for registration of allotment of a plot in favour of the respondent No, 3 on the basis of the premium already deposited by him in the past. It appears that the petitioner filed a writ petition challenging the validity of the aforesaid Award dated 13-1-1988. The writ petition, being Writ Petition No. 1060 of 1989 was dismissed summarily by a Division Bench of this Court vide order dated 7-2-1989 (copy annexed as Aanexure-7 the writ petition) on the ground of alternative remedy i.e. filing of appeal against the impugned award before the Co-operative Tribunal, The petitioner then approached the Tribunal in appeal followed by an application for condonation of delay. The tribunal by its order dated 24-3-1990 held that there has been no exercise of diligence much less a bonafide exercise of due diligence within the period of limitation and there was no occasion for extension of limitation or condonation of delay. The tribunal further observed that in all probability, the appeal was not. maintainable under Sec. 98 of the Act. On these findings, the application for consideration of delay was dismissed as barred by time. It is the legality and validity of the said order as also the Award dated 13-10-1988 that is being challenged in the instant petition.

(3.) Sri R.N. Gupta, learned Counsel for the petitioner has raised the following contentions before me, and they are :