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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
SC 2001/14328
Court
Supreme Court of India
Petitioner
PRAKASH NARAIN SHARMA
Respondent
BURMAH SHELL CO-OP. HOUSING SOCIETY LTD.
Author
R.C. LAHOTI Leave granted.
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's ex-parte award was valid despite the civil court's order, as the society's failure to appear was justified given the circumstances. The Court directed the appointment of a new arbitrator to adjudicate the dispute, thereby upholding the arbitration process.

PRAKASH NARAIN SHARMA vs BURMAH SHELL CO-OP. HOUSING SOCIETY LTD. · Niyam