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.