Facts
The Petitioner, a resident/member of Uttaranchal CGHS Ltd. (the Society), challenged an arbitral award dated 26.05.2026, which directed him to pay Rs. 3,29,256/- in maintenance and development charges
Source reference: p. 2, 4Previously, the Registrar of Co-operative Societies (RCS) had referred the dispute to arbitration under Section 71 of the Delhi Co-operative Societies (DCS) Act
Source reference: p. 3The Petitioner unsuccessfully challenged the reference order before the Delhi Co-operative Tribunal (DCT), which held on 09.02.2026 that even an expelled member occupying a flat remains liable for maintenance
Source reference: p. 3Additionally, the Petitioner contended that the RCS failed to comply with a prior High Court direction dated 26.03.2025 to decide his complaint regarding financial irregularities and illegal construction within the Society
Source reference: p. 5-6Issues
1. Whether the High Court should entertain a writ petition against an arbitral award passed under Section 71 of the DCS Act when a statutory remedy exists.
Source reference: p. 4 / para. 11-122. Whether the RCS failed to comply with previous judicial directions to adjudicate the Petitioner’s grievances regarding the Society’s management.
Source reference: p. 5 / para. 16Law Applied
Section 112(1)(k) of the Delhi Co-operative Societies Act, which provides that any decision or award made under Section 71 is an appealable order before the Delhi Co-operative Tribunal
Source reference: p. 4The principle of administrative accountability and judicial discipline regarding the timely disposal of statutory complaints as previously directed under Article 226 of the Constitution
Source reference: p. 5Reasoning
Regarding the challenge to the arbitral award, the Court accepted the Respondent's preliminary objection that the Petitioner had bypassed an efficacious alternative remedy
Source reference: p. 4Under Section 112(1)(k) of the DCS Act, the DCT is the appropriate forum for such appeals; thus, the High Court declined to exercise its extraordinary writ jurisdiction on the merits of the award
Source reference: p. 4Concerning the second issue, the Court noted that despite the order in W.P.(C) 3792/2025 requiring the RCS to decide the Petitioner's complaint within four months from March 2025, no decision had been communicated
Source reference: p. 5-6The Court found it necessary to reiterate these directions to ensure the RCS fulfills its statutory and judicial obligations
Source reference: p. 7Holding
The Court dismissed the writ petition regarding the arbitral award but granted the Petitioner 30 days to approach the DCT
It ordered the Society to refrain from coercive recovery steps until 31.08.2026, leaving interim relief to the DCT’s discretion
Source reference: p. 4-5The Court directed the RCS to pass a final order on the Petitioner’s complaint dated 16.01.2023 within one month, after hearing both parties, and to communicate the same to the Petitioner
Source reference: p. 6-7All other legal remedies were left open
Source reference: p. 7Original Court PDF
Prof. (Dr.) Arihant JainvsRegistrar Of Co-Operative Societies, Govt. Of Nct Of Delhi & Ors.
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