DEEPAK SHARMA Vs. SRINIWASPURI MITRA MANDAL CGHS LTD

JUDGEMENT

(1.) Present appeal has been filed challenging order dtd. 1/9/2021 passed by learned District Judge, Commercial Court, North West District, Rohini, Delhi in OMP (I) (COMM) 209 of 2021, whereby the Petition of the appellants filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 was dismissed as being barred under Sec. 132(1)(c) of Delhi Co-operative Societies Act, 2003. Appellants also seek to challenge the orders dtd. 14/11/2019 passed by the respondent No. 1, Sriniwaspuri Mitra Mandal, CGHS Ltd., whereby the memberships of the appellants of the society were ceased for a period of three years.

(2.) Learned counsel for the appellants states that the court failed to appreciate that Sec. 5 of the Arbitration and Conciliation Act, 1996, gives the said Act, an overriding power over Sec. 132 of the Delhi Co-operative Societies Act, 2003. He further states that the Court wrongly interpreted the provisions of Sec. 71(5) of the Delhi Co-operative Societies Act, 2003 and overlooked Rule 87 of the Delhi Co-operative Societies Rules, 2007. He also states that the court failed to appreciate that the Appellants had already filed an application dtd. 5/8/2021 before the Respondent No.2, Registrar, Cooperative Societies, for the reinstatement of their memberships, which has not been decided till date.

(3.) Having heard learned counsel for the appellants, this Court finds that admittedly the Dispute Resolution Mechanism relied upon by the appellant is contained in the Delhi Co-operative Societies Act, 2003.