Delhi High Court

Appeal against arbitration award under Delhi Co-operative Societies Act lies before Co-operative Tribunal, not High Court.

Prof. (Dr.) Arihant Jain vs Registrar Of Co-Operative Societies, Govt. Of Nct Of Delhi & Ors.

Delhi High CourtJUDGMENT: July 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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, 4

Previously, 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. 3

The 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. 3

Additionally, 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. 5-6
02

Issues

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. 11-12

2. 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. 16
03

Law 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. 4

The 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. 5
04

Reasoning

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. 4

Under 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. 4

Concerning 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. 5-6

The Court found it necessary to reiterate these directions to ensure the RCS fulfills its statutory and judicial obligations

Source reference: p. 7
05

Holding

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. 4-5

The 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. 6-7

All other legal remedies were left open

Source reference: p. 7
Delhi High Court

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Prof. (Dr.) Arihant JainvsRegistrar Of Co-Operative Societies, Govt. Of Nct Of Delhi & Ors.

Delhi High Court · July 24, 2026

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