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2016 Supreme(Del) 4298

SANJIV KHANNA, CHANDER SHEKHAR
SADBHAWNA COOPERATIVE GROUP HOUSING SOCIETY LTD – Appellant
Versus
ARVIND KUMAR SHARMA – Respondent


Advocates Appeared:
For the Appellant :Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Ankur Arora, Ms. Srishti Sharma and Ms. Surya Rajappan, Advocates

SANJIV KHANNA, J.

Sadbhawna Cooperative Group Housing Society Ltd. in this writ petition has impugned statutory arbitration Award dated 29th February, 2012 made under Section 71 of the Delhi Cooperative Societies Act, 2003 and the order dated 1st July, 2016, passed by the Delhi Cooperative Tribunal affirming the said award.

2. The arbitration proceedings were invoked by Arvind Kumar Sharma, the respondent before us, asserting that he was a member of the petitioner Sadbhawna Cooperative Group Housing Society and would be accordingly entitled to allotment of flat.

3. Learned senior counsel appearing for the petitioner submits that the Cooperative Society was initially in control of some unscrupulous persons, who were property dealers and they had made a number of bogus enrolments. In 2003, the administrator appointed by the Registrar of Cooperative Societies had sent the letter dated 4th September, 2003, asking the respondent to pay Rs.5,00,000/- within 10 days towards construction fund. The said letter was received by the respondent on 9th November, 2003, but the payment was not made. Subsequently, the administrator had published an advertisement dated 20th September, 2003, wherein a l








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