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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, SATYA VEER SINGH
Haripuram Sahakari Awas Samiti Limited – Appellant
Versus
State Of U.P – Respondent
| Table of Content |
|---|
| 1. the petitioners are a cooperative society. (Para 1) |
| 2. arguments on the jurisdiction and scope of arbitration. (Para 2 , 3) |
| 3. court’s observations on the authority of the society and references. (Para 4 , 5 , 6) |
| 4. disposal of the writ petition. (Para 7) |
JUDGMENT :
(Per: Arindam Sinha, J.)
1. Petitioners are a cooperative society. Respondent no. 4 is member thereof. Said respondent has sought reference to arbitration under section 70 in Uttar Pradesh Co-operative Societies Act, 1965. English translation of the claim statement filed by respondent no. 4 before the Registrar was handed over by Mr. H.R. Mishra. From it we see, the purchasers were made party by respondent no. 4 in seeking the reference. Prayers made in the claim statement are reproduced below.
" 5. Reliefs sought
1. That the Plaintiffs most respectfully pray that the sale deed executed by Respondent No. 1, which was registered in the office of the Sub-Registrar- I, Agra Sadar, on 29/08/2024, bearing Deed No. 1, Volume No. 12414, Pages 213 to 230, Serial No. 7662, be declared null and void.
2. Any other relief which the Hon'ble Arbitration Court deems fit and proper in the facts and circumstances of the case
Disputes over the validity of sale deeds executed by a cooperative society cannot be arbitrated under Section 70 of the Uttar Pradesh Co-operative Societies Act; such matters must be addressed in civ....
The jurisdiction to cancel registered sale deeds under Section 61 of the Andhra Pradesh Cooperative Societies Act lies with civil courts, not the Cooperative Tribunal.
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
Arbitration agreements can be enforced regardless of incorrect statutory references, provided the jurisdiction exists under the appropriate legal framework.
Civil Courts have jurisdiction over disputes regarding agreements to sell flats, as such disputes do not pertain to the business of Cooperative Societies under the Haryana Co-operative Societies Act.
The judgment clarified the scope of jurisdiction under Section 70 of the Act, emphasizing that the dispute must relate to the constitution, management, or business of a co-operative society and invol....
The main legal point established is that the Registrar of the Co-operative Society does not have jurisdiction to annul a sale deed, and the Civil Court has the authority to declare the sale deed as n....
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
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