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february 2025

Delhi High Court · 2025-02-24

DELHI CO OPERATIVE HOUSING FINANCE CORPORATION LTD vs GHALIB MEMORIAL CO OPERATIVE GROUP HOUSING SOCIETY LTD & ANR.

Citation / case number
W.P.(C)-11344/2023 2025:DHC:1192-DB
Court
Delhi High Court
Petitioner
DELHI CO OPERATIVE HOUSING FINANCE CORPORATION LTD
Respondent
GHALIB MEMORIAL CO OPERATIVE GROUP HOUSING SOCIETY LTD & ANR.
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 24.02.2025 W.P.(C) 11344/2023 & CM APPL. 44129/2023 DELHI CO OPERATIVE HOUSING FINANCE CORPORATION LTD .....Petitioner Through: Ms Shobhana Takiar, Mr Prateek Dhir, Mr Kuljeet Singh and Mr Shivam Takiar, Advocates. versus GHALIB MEMORIAL CO OPERATIVE GROUP HOUSING SOCIETY LTD & ANR. .....Respondents Through: Mr Harish Kumar Mehra, Advocate for R1. Ms Srishti Sharma and Mr Ankur Arora, Advocates for R2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) Introduction 1. The Delhi Cooperative Housing Finance Corporation Limited (hereafter the DCHFCL) has filed the present petition, inter alia, impugning an order dated 24.03.2023 (hereafter the impugned order) passed by the learned Delhi Co-operative Tribunal (hereafter the Tribunal). DCHFCL 2. The Tribunal has examined the Award and concluded that it was impermissible for the Tribunal in enforcement proceedings to go behind the Award in question. 3. Ms Takiar, the learned counsel appearing for DCHFCL submits that in terms of the contract between DCHFCL and respondent no.1/Ghalib Memorial Cooperative Group Housing Society Limited, Gh