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august 2002

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.

Prakash Narain Sharma vs Burmah Shell Co-Op. Housing Society Ltd · Niyam