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MANMOHAN, MANMEET PRITAM SINGH ARORA
Sunita Datta – Appellant
Versus
Sukhi Pariwar Cghs Ltd. – Respondent
JUDGMENT
Manmohan, A.C.J. (Oral)
1. The present petition has been filed under Article 226 of the Constitution of India seeking to quash the award dated 22nd September, 2014 passed by the Registrar (`Arbitrator') as well as orders dated 3rd April, 2019 and 14th September, 2023 passed by the Delhi Co-operative Tribunal (`DCT') upholding the impugned award to the extent that it rejects the claim of the Petitioner for membership of the Respondent No.1, Sukhi Parivar Co- operative Group Housing Society Ltd. (`Society').
2. The facts of the case to the extent relevant for the present petition are that Petitioner claims to be a member of the Respondent No.1, Society in pursuance to a resolution dated 9th September, 2022, having deposited a sum of Rs 2,16,000/- towards membership fee, share money and cost of land etc.
It is asserted that Respondent No.1, Society had issued a Share certificate no. 423- A on 17th January, 2023.
3. It is stated that the disputes arose in 2003, when Respondent No.1, Society forwarded the list of the members to the office of the Registrar for verification and draw of lot for allotment of flats, however, as the name of the Petitioner was not recommended, therefore, 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.
Membership claims in cooperative societies must be substantiated with evidence of eligibility and compliance with cooperative rules.
The finality of the award and the obligation of the Society to implement it.
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....
The main legal point established in the judgment is the interpretation and application of Rule 20(1)(c)(i) of the Delhi Cooperative Societies Rules, 2007, in determining the disqualification of a mem....
The main legal point established in the judgment is that fraudulent and illegal acquisition of membership and possession in a cooperative society, including suppression of material facts and circumve....
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
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