$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13^th March, 2026 Uploaded on: 17^th March, 2026 + W.P.(C) 15701/2023 & CM APPL. 62968/2023 G S PRASHAD .....Petitioner Through: Mr. Kunal Kalra and Mr. Ujjwal Barnwal, Advs.

versus PANCHDEEP COOP G H SOCIETY LTD & ORS......Respondents Through: Mr. Sandeep Kumar, Adv.

Ms. Urvi Mohan & Mr. Sameer Vashishtha, Advs. (M: 9873880830)

Ms Avni Singh Panel Counsel for GNCTD with Mr. Harish , from office of RCS.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. Thisisapetitionchallengingtheimpugnedorderdated18^thSeptember, 2023 passed by the Delhi Co-operative Tribunal (hereinafter “DCT”) by which the appeal filed by the Appellant before the DCT has been dismissed on the ground of being barred by limitation.

3. The brief background is that the Petitioner is a member of the Society i.e., Panchdeep Cooperative Group Housing Society Ltd. (hereinafter “Soceity”), and is in possession of Flat No. 98 therein. It is stated that the Society had raised some dues against various members, including the Petitioner, in respect of loans obtained from Respondent No. 4 - Delhi Co- operative Housing Finance Corporation Ltd. In this regard, the Society had initiated arbitration proceedings under Section 61 of the Delhi Co-operative Societies Act, 1972 and a Sole Arbitrator was appointed.

4. The proceeding sheets have been placed on record and the same are extracted hereunder for ease of reference:

“1.04.2004 Summons are issued to all the parties concerned to appear before the undersigned on 24.04.04 at 3 p.m. through registered post. The postal receipts are placed on record.

24.04.04.

Present Sh.R.K. Mudgil, on behalf of the claimant. None present on behalf of the defendant No.1 also presentSh.AmitSharmaonbehalfofthedefendant No. 2. In the interest of justice, fresh summons are issued to defendant No.1 to appear before the undersigned on 8.05.04 at 3 p.m.

On 26/04/04 Sh. G.P. Prasad appeared and requested the date. The case as already adjourned for 8.5.04 at 3 p.m., therefore the date is given to the defendant is 8.5.04 at 3 p.m.

8.05.04.

Present Sh.R.K.Mudgil,Secretaryofthe claimant society,alsopresentSh.G.S.Prasadthedefendant. The copy of the claim petition is given to the defendant for his written reply. The case is adjourned for 15.05.04 at 3 p.m.

15.5.04 Present Sh. R. K. Mudgil, the Secretary of the society,alsopresentSh.G.S.Prasad,thedefendant himself. Thedefendantfiledwrittenreply,thecopy of which is given to the claimant for its rejoinder reply. The case is adjourned for 22.05.04 at 10:30 a.m.

22.05.04 Present Sh. G.S. Prasad the defendant himself. None appeared on behalf of the claimant except one representation placed on record. The case is adjourned for 28.05.04 at 10 am.

“28.05.04.

Present Sh. Mudgil, the Society of the claimant society, alsopresentSh.G.S.PrasadtheDefendanthimself. The claimant submitted the rejoinder reply. Heard the arguments of both the parties. The case is reserved for orders.

3.06.2004 Award u/S 61 The award has been passed accordingly. One copy of the award is placed on record. Each copy of the award has been sent to all the parties concerned. The postal receipts are placed on record.”

5. As can be seen from the above proceeding sheets, the Petitioner regularly appeared before the Arbitrator and the written statement was also filed by the Petitioner. This is recorded in the order dated 15^th May, 2004. Thereafter, on 22^nd May, 2004, none appeared for the Society and accordingly, the matter was then adjourned to 28^th May, 2004. However, on on 28^th May,2004, although it is recorded that the Petitioner and the secretary of the Society were present and arguments were heard, the proceedings as recorded have been severely disputed by the Petitioner.

6. The version of the Petitioner is that in fact the Society did not appear on the said date. The Petitioner was also present till 11:00 a.m. and during