SHRI PRAKASH NARAIN SHARMA Vs. M/S. BURMAH SHELL CO-OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) Interference caused by the High Court of Delhi [For short, 'the High Court'] in the writ petition preferred by the first respondent under Articles 226 and 227 of the Constitution of India resulting in setting aside the order passed by the learned Arbitrator under Sec. 61 of the Delhi Cooperative Societies Act, 1972 [ For short, 'the Act of 1972'] as affirmed in appeal under Sec. 76 of the Act of 1972 by the Delhi Co-operative Tribunal [ For short, 'the Tribunal'] has been questioned by the appellant in these civil appeals. While the appellant contends that the High Court exceeded its writ jurisdiction while setting aside the concurrent orders, the first respondent justifies such interference as the said concurrent orders failed to consider various relevant aspects resulting in miscarriage of justice that was set right by the High Court.

(2.) The present proceedings have a chequered history. It is however not necessary to refer to the same in detail. Suffice it to mention that Mr. S.N. Sharma [For short, 'the original claimant'] claimed to be a member of M/s Burmah Shell Co-operative Housing Society [ For short, 'the Society'], the first respondent herein and was, thus, entitled to allotment of a plot. Complaining of illegal deprivation in the matter of allotment of a plot, the claimant filed a dispute before the Joint Registrar, Co-operative Societies, Delhi, that was referred to an Arbitrator. The Society questioned the appointment of the Arbitrator by filing a civil suit. Despite a restraint order being passed in the civil suit, the Arbitrator proceeded with the arbitration proceedings and passed an ex-parte award. The Arbitrator upheld the claim of the claimant for allotment of a plot. The said proceedings ultimately reached this Court at the instance of the legal heir of the original claimant in Prakash Narain Sharma vs. Burmah Shell Co-op. Housing Society Ltd. This Court by its judgment dtd. 21/8/2002 set; 2002 INSC 345 aside the ex-parte award and directed continuation of the arbitration proceedings from the stage the Society was set ex-parte. The original Arbitrator having expired in the meanwhile, he was replaced by another Arbitrator, the Registrar, Co-operative Societies, Delhi [For short, 'the Arbitrator'], the second respondent.

(3.) After remand, the Registrar concluded the arbitration proceedings. He passed an award on 7/10/2003 holding that the original claimant was a member of the Society and that despite performing his duties and obligations towards the Society for getting the plot, he was deprived of the same. The legal heir of the original claimant, Mr. Prakash Narain Sharma was, thus, entitled to allotment of a plot. The arbitrator accordingly accepted the claim of the original claimant and directed the Managing Committee of the Society to give a plot to the legal heir of the original claimant on making full payment towards cost of the land. The said order of the Arbitrator was challenged by the Society by preferring an appeal under Sec. 76 of the Act of 1972. The Tribunal by a short order dtd. 18/3/2004 upheld the Registrar 's order and dismissed the appeal.