Asgar Mohd v. The Registrar Cooperative Society & ORS.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3712/2024 & CM APPL. 63073-63075/2024 ASGAR MOHD .....Petitioner Through:

Ms. Binisa Mohanty, Advocate.

versus THE REGISTRAR COOPERATIVE SOCIETY & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 25.10.2024 1.

Petitioner herein is aggrieved by 'Award' passed under Section 71 of Delhi Cooperative Societies Act, 2003 in Arbitration Case No.3806/AR/ARB/19-20 dated 27.02.2021.

2.

As per Section 70(5) of said Act, save as otherwise provided under the Act, the provisions of Arbitration & Conciliation Act, 1996 shall apply to all arbitrations conducted under Delhi Cooperative Societies Act, 2003, as if the proceedings for arbitration were referred for settlement of decision under said Act.

3.

In view of the above specific provision, the Award in question cannot be challenged by filing a petition under Article 227 of the Constitution of India.

4.

Learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to take recourse to other permissible modes for challenging the above said Award.

5.

The petition is, accordingly, disposed of as not pressed. Liberty, as prayed for, is granted.

MANOJ JAIN, J OCTOBER 25, 2024/st The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 11:56:03