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january 2019

Supreme Court of India · 2019-01-30

DELHI DAYALBAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD. vs REGISTRAR COOPERATIVE SOCIETIES

Citation / case number
SC 2013/173
Court
Supreme Court of India
Petitioner
DELHI DAYALBAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD.
Respondent
REGISTRAR COOPERATIVE SOCIETIES
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court upheld the decision of the Delhi High Court, affirming the Cooperative Tribunal's ruling that the Arbitrator lacked jurisdiction to assess the validity of a registered sale deed, which must be challenged in a Civil Court as per the provisions of the Delhi Cooperative Societies Act, 2003. The Court emphasized that the jurisdictional authority lies with the Civil Court for such matters, thereby reinforcing the legal framework governing cooperative societies. Consequently, the appeals were dismissed, maintaining the status quo regarding the jurisdictional boundaries of the Arbitrator and the Civil Court.

DELHI DAYALBAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD. vs REGISTRAR COOPERATIVE SOCIETIES · Niyam