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PRATHIBA M. SINGH
Amit Joshi – Appellant
Versus
Government Of NCT Delhi – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The Petitioner in the present case challenges the impugned Recovery Notices dated 28th November, 2020 issued by the Tehsildar, Dadri calling upon the Petitioner to pay various sums of money towards dues under RC Nos. 136 of 2020-21,137 of 2020-21 & 138 of 2020-21.
3. The petition arises out of three arbitral awards passed under Section 71 of the Delhi Co-operative Societies Act, 2003 (hereinafter, “the Societies Act”). The said awards were all passed on 20th December, 2019 directing the Petitioners herein, to pay a sum of Rs.27,11,978/-, Rs.37,46,969/- and Rs.38,91,079/- respectively.
4. The case made out by the Petitioners initially as recorded in the order dated 11th February, 2021 in this petition was that the Petitioners made applications before the Respondent No.2 - Registrar of Cooperative Societies seeking inspection of the records so as to be able to challenge the awards passed against them. However, the said inspection was not permitted. The Respondent No. 1 - GNCTD and Respondent No.2 - Registrar of Cooperative Societies, also did not provide the Petitioners the complete set of papers. Under
The failure to provide a signed copy of the arbitral award invalidates the presumption of service, thus impacting the limitation period for appeals.
The court upheld the liability of the petitioner to pay the loan amount to the society and applied the limitation period under Section 70(4) of the Delhi Co-operative Societies Act, 2003 to dismiss t....
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