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2023 Supreme(Online)(DEL) 3005

HIGH COURT OF DELHI
JAIN CO-OPERATIVE BANK LTD – Appellant
Versus
PUNEET JAIN & ORS. – Respondent


J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1. Writ petition has been preferred by the petitioner assailing the impugned order dated October 01, 2021 passed by the Financial Commissioner, Delhi whereby the Revision Petition filed on behalf of the petitioner bank under Section 116 of the Delhi Cooperative Societies Act, 2003 (herein referred to as “the Act”) challenging an order dated July 02, 2021 passed under Section 105 of the Act in Execution Case No.158/2019- 20, was held to be non-maintainable on the ground that there is a provision of appeal provided under Section 112 (1)(k) of the Act.

2. The factual matrix falls in a narrow encompass.

i. Respondent No. 1, an employee of the petitioner co-operative bank, filed a claim petition under Section 70 of the Act, on which the matter was referred for arbitration under Section 71 of the Act.

ii. The learned arbitrator in arbitration case No. 1673/AR/ARB/15-16 passed an award dated April 14, 2016 and the relevant portion of the award is as follows:

“…

61. In view of the aforesaid discussions, I hereby set aside the letter dated 29.06.2015 issued by Sh. Kailash Chand Sharma, Officiating CEO of the respondent bank through which the claimant was

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