Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Suresh Chand Jain – Appellant
Versus
Pharmaceutical – Respondent
JUDGMENT
V. Kameswar Rao (Oral)--This petition has been filed by the petitioner with the following prayers:
"(a) Issue a writ, order or direction in the nature of certiorari thereby quashing the order dated 30.7.2014 passed by Delhi Cooperative Tribunal in Appeal No.36/2010/DCT and also the Award dated 9.1.2010 passed by the Arbitrator U/s. 71 of the Act;
(b) Directions may also be issued to the society to refund Rs.40,000/- as charged by way of Entry Fee with interest or the same may kindly adjusted against the future maintenance charges;
(c) Issue a writ, order or direction in the nature of mandamus thereby directing the Registrar to complete the recovery proceedings initiated under Section 59 of Delhi Cooperative Societies Act, 1972 within a stipulated period;
(d) Issue a writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;
(e) Cost of the proceedings may also be awarded."
2. In substance, the challenge in this petition is to an order passed by the Delhi Co-operative Tribunal (`DCT', in short) in Appeal No. 36/2010/DCT and also the award dated January 09, 2010 passed by the learned Arbitrator under Section 71 of the Del
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....
Compliance with the legal provisions for membership approval, deposit, and documentation is crucial, and failure to dispute anomalies in the documents can weaken the petitioner's case.
The main legal point established in the judgment is the limitation of the Arbitrator's powers, the calculation of arbitration costs, and the recovery fee under the rules, and the court's emphasis on ....
The finality of the award and the obligation of the Society to implement it.
The court emphasized the limitation on charging compound interest, allowing only the 2.5% penal interest on the DCHFC loan to be compounded quarterly.
The failure to provide a signed copy of the arbitral award invalidates the presumption of service, thus impacting the limitation period for appeals.
Membership in co-operative housing societies is contingent upon the clearance of all outstanding dues, including those of previous owners, as established in the Maharashtra Co-operative Societies Act....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
