Supreme Court of India · 2002-08-21
Prakash Narain Sharma vs Burmah Shell Co-Op. Housing Society Ltd
- Citation / case number
- AIR 2002 SUPREME COURT 3062
- Court
- Supreme Court of India
- Petitioner
- Prakash Narain Sharma
- Respondent
- Burmah Shell Co-Op. Housing Society Ltd
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that under Sections 60 and 93 of the Delhi Cooperative Societies Act, 1972, a civil court lacks jurisdiction to entertain matters that fall within the purview of the Act, rendering the restraint order issued by the civil court a nullity. The Court affirmed the Division Bench's decision that the arbitrator could proceed with the case despite the civil court's order, as it was void. The Court directed the appointment of a new arbitrator to adjudicate the dispute, thereby restoring the arbitration process.