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.