V.K. Shukla, J. - (1.) PETITIONER , Smt. Neelam Jain has approached this Court questioning the validity of the award dated 29.06.2007 passed by Arbitrator Cooperative Society U.P. Lucknow and order of its affirmance in Appeal dated 23.03.3009 passed by Cooperative Tribunal U.P. Lucknow.
(2.) BRIEF background of the case as is reflected that there is registered Housing Society, registered under the provision of U.P. Cooperative Societies Act 1965 with its registered office at C -7 Parivahan Apartment Sector 5 Vasundhra Ghaziabad U.P. Said Society came into existence in the year 1998 with the aim and object to provide land/residential flats to its members on payment of easy instalment on the principle of 'no profit no loss'. Affairs of the aforesaid society has to be run and managed as per the provision of U.P. Cooperative Societies Act, 1965 and Rules framed thereunder and as per approved bye laws of the society. In the said society Kshetrapal Sharma was inducted as member. Society in question came up with the scheme wherein flats had to be constructed and allotted to its members. Kshetrapal Sharma was allotted flat No. 506 -B in the draw held on 20.06.2004 and consequently, allotment letter was issued in his favour. As per Kshetrapal Sharma cost of 'B' category flat as published by the society was Rs. 8.50 lacs including cost of land and later on members of the society agreed for increasing of the cost of B category flat to 9 lacs which was approved in the open general meeting. Thereafter record in question reflects that price of the flats as increased as per recommendation of Dahaiya Committee Report dated 27.03.2004 qua the same. Secretary, Jeevan Bima Rashtriya Awas Samiti Ltd. Ghaziabad vide letter dated 05.04.2004 informed the members that enhanced cost of Type -B flat is at the rate of Rs. 11.42 Lacs and amount of Rs. 2.42 lacs further has to be deposited. Letters were sent 19.07.2004, 06.08.2004, 23.08.2004 in this regard and ultimately on 03.01.2005 Kshetrapal Sharma was asked to pay balance amount of Rs. 2.42 lacs by 08.01.2005 failing which his allotment would be cancelled. Thereafter on 9/10.01.2005 allotment of the flat of Kshetrapal Sharma Respondent No. 5 and nine other were cancelled on the basis of the meeting of the Managing Committee held on 09.01.2005. Petitioner claims that she was inducted as member of the said society on 10.01.2005 and money was returned to Kshetrapal Sharma, Respondent No. 5 on 21.03.2005 and has further stated that said cancellation of the flats was approved by the Assistant Commissioner, Awas/Assistant Registrar, U.P. Awas Evam Vikas Parishad, Lucknow vide letter dated 13.01.2005. Petitioner has stated said flat No. 506 B was allotted to her by Administrator/Committee and further possession of the said flat has also been delivered to her on 16.03.2005 and entire act of the Administrator was approved by the Managing Committee of the Society. Kshetrapal Sharma, Respondent No. 5 in his turn filed Arbitration Case No. 69 of 2006 -07 under Section 70 of the U.P. Cooperative Societies Act, 1965. In the said proceedings Petitioner was not impleaded as party and Arbitrator after providing opportunity to Kshetrapal Sharma as well as Society concerned proceeded to pass order holding that cancellation of allotment of Kshetrapal Sharma is void and illegal and further remedial measure be taken vis -a -viz him. Against the said order in question passed by Arbitrator, Appeal No. 161 of 2007 was filed by Jeevan Bima Rashtriya Awas Samiti Ltd. Ghaziabad and therein Petitioner also moved an application for impleadment and said impleadment has been allowed and thereafter Appellate Tribunal heard the matter and dismissed the aforesaid Appeal vide order dated 23.03.2009. At this juncture present writ petition in question has been filed. Counter affidavit has been filed on behalf of Kshetrapal Sharma, Respondent No. 5 and therein it has been stated that Kshetrapal Sharma had become the member of Jeevan Beema Rashtriya Sahkari Avas Samiti Ltd. with membership No. 251 and has been allotted flat No. 506 -B in the draw of flats held on 20.06.2004 and further when demand of Rs. 2.42 lacs was made he as well as other allottees agreed to pay the same amount and further on 10.01.2005 Kshetrapal Sharma paid enhanced amount of Rs. 2.42 lacs in the account of Samiti being Cheque No. 150462 drawn by the ICIC Bank Limited. Kshetrapal Sharma has further stated that amount in question was not deposited and arbitrarily flat in question has been sought to be handed over to another incumbent on 24.01.2005. Kshetrapal Sharma stated that once he had fulfilled the term and condition and his claim was already there then no further allotment could have been made in favour of another incumbent. It has further been stated that cause of Petitioner was being espoused by Society concerned and Petitioner has been impleaded and she has been heard, in such a situation and in this background no interference is required.
(3.) TO the said counter affidavit rejoinder affidavit has been filed and therein it has been sought to be contended that Respondent No. 5 has not deposited full cost as per report of Dahaiya Committee, as such rightful action has been taken. Petitioner has justified the action taken by the society.;