The finality of the award and the obligation of the Society to implement it.

JUDGMENT

Mukta Gupta, J. - Respondent No.4 i.e. the Society has been served through ordinary process as per the service report dated 15th November, 2021. However, till date, no reply affidavit has been filed on behalf of respondent No.4.

2. This present petition reveals the ordeal faced by the petitioner in getting a flat allotted to him in Category-'a' despite being a member of the Society.

3. The petitioner became a member of the respondent No.4/ Society in the year 2004 and till October, 2006, he deposited a sum of Rs. 26 lakhs with the Society towards costs of Category-'a' flat which was the total cost of the said flat. Since the society did not allot a flat to the petitioner, the petitioner filed an arbitration claim under Section 70 of the Delhi Co-operative Societies act, 2003 (in short the 'DCS act') pursuant whereto an award dated 25th September, 2014 was passed in favour of the petitioner. as per the award, the membership of the petitioner and his entitlement for allotment of Category-'a' flat was upheld and objections of the Society against the membership of the petitioner were rejected. The Society filed an appeal against the award, which was dismissed by the Tribunal vide order dated 15th May, 2017. The Society, thereafter, filed a Writ Petition (Civil) No.14078/2018 against the award and the order of the learned Tribunal, which was dismissed by this Court vide order dated 28th December, 2018. Despite the award having attained finality, the respondent No.4/Society has managed to not implement the award till date.

4. The petitioner filed an application under Section 105 of the DCS act before respondent No.2 i.e. the assistant Collector, Office of the Registrar Co-operative Societies for execution of the award dated 25th September, 2014. However, till date the petitioner has not been allotted and given possession of the flat as per the award.

5. It may be noted that the petitioner and one Smt. anita Gupta had enrolled as members of the respondent No.4/ Society on 12th June, 2004 against the vacancies of two persons, namely, Rakesh Bajaj and Bipin Bajaj, who had filed various litigations before this Court, which finally culminated in Writ Petition (Civil) No.262/2019 and 291/2019, which were dismissed with costs of Rs. 1 lakh vide the order dated 14th January, 2019, which reads as under:

'1. These two petitions have been preferred by two brothers.

2. Before we proceed further, we may observe that on our perusal of these petitions, they, prima facie, appeared to be have been filed as an abuse of the process of the Court. Therefore, at the outset, we gave liberty to the petitioners to withdraw the same. We had made it clear to the petitioners that, in case, after hearing the submissions, we do not find any merit in the petitions, we would be inclined to subject them to costs for abusing the process of Court and wasting the time of the Court. Despite the aforesaid position, the petitioners have chosen to press the petitions and taken valuable time of this Court in pressing the same.

3. The petitioners, it appears were members of the respondent No.2- Skylark Cooperative Group Housing Society Ltd. Their respective membership was sought to be seized on 03.06.1998 with the approval of the Registrar of Cooperative Societies. The petitioners Revision Petition was dismissed by the Ld. Financial Commissioner on 16.09.2008. This Court dismissed the petitioners writ petitions i.e., W.P.(C) Nos. 8124/2008 and 8125/2008 on 23.04.2010. That decision to seize the memberships of the petitioners was affirmed by the Supreme Court with the dismissal of the Special Leave Petitions i.e., SLP (C) No. 17582/2010 & SLP (C) No. 17458/2010 preferred by the petitioners. Consequent upon the seizure of the memberships of the petitioners, since they were out of the respondent No.2 Society, it appears that respondent No.3 was enrolled as one of the members.

4. It appears that certain disputes arose between respondent No.2 Society and respondent No.3-Mr. K