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2019 Supreme(SC) 94

A.M.KHANWILKAR, AJAY RASTOGI
Delhi Dayalbagh Cooperative House Building Society Ltd. – Appellant
Versus
Registrar Cooperative Societies – Respondent


Advocates Appeared:
For Petitioner: Mr.Shekhar Naphade, Sr. Adv. Ms. Garima Prashad, AOR Mr. Nishit Agarwal, Adv.
For Respondent(s): Mr. Praveen Agrawal, AOR Mr. Ashwani Kumar, AOR Ms. Iti Sharma, Adv. Mr.Jay Kumar, Adv. Mr. Puneet Sharma, Adv. Mr. Baij Nath Patel, Adv. Ms. Sweta, Adv. Ms. Romila, Adv. Mr. Pashupathi Nath Razdan, AOR Mr. Krishna Kumar, AOR Mr. Dhruv Mehta, Sr. Adv. Mr. Vipin Nair, AOR Mr. P.B.Suresh, Adv. Mr. Udayaditya Banerjee, Adv. Mr. Vikrant Yadav, Adv. Mr. Prakash Baghel, Adv. Mr. Karthik Jayashankar, Adv. Mr. Abhay Pratap Singh, Adv. Mr. Anshumaan Bahadur, Adv. Mrs. Anil Katiyar, AOR

JUDGMENT :

Rastogi, J.

Civil Appeals arising out of SLP (Civil) No. 8138 of 2013, SLP (Civil) No. 9015 of 2010, SLP (Civil) No. 26905 of 2010

1. Leave granted.

2. The above noted appeals are directed against the orders separately passed by the High Court of Delhi in writ petitions filed at the instance of the present appellant Society which came to be dismissed upholding the order of the Cooperative Tribunal setting aside the award passed by the Registrar Cooperative Societies holding that the Arbitrator had no jurisdiction to examine the validity and legality of the registered sale deed which can be questioned only by availing a remedy in the Civil Court holding jurisdiction. Orders were separately passed by the Tribunal in the cases of the individual members in whose favour sale deed was executed by the society, having been separately decided by the High Court, which has been challenged in these batch of appeals.

3. The facts that emerge from the multitude and collateral and exhaustive pleadings in brief are that the appellant is a house building Society originally registered with the Registrar, Cooperative Societies, Delhi (“hereinafter being referred to as “RCS”) under the provision















































































































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