Paridhi Aggarwal & ANR v. Registrar, Co-Operative Societies, Govt. Of NCT Delhi & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4973/2016 PARIDHI AGGARWAL & ANR.

..... Petitioners Through Mr. Kirtiman Singh, Mr. Waize Ali Noor & Mr. Prateek Dhanda, Advocates.

Versus

REGISTRAR, CO-OPERATIVE SOCIETIES, GOVT. OF NCT DELHI & ORS.

..... Respondents Through Ms. Aayushi Gupta, Advocate for Mr.

Raman Duggal, Standing Counsel for respondent Nos. 1 and 2-GNCTD.

Mr. S.K. Sharma & Mr. Vishal Thakre, Advocates for respondent No. 3.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 29.08.2016 The impugned order dated 2nd May, 2016 passed by the Deputy Registrar (Arbitration) under Section 70 of the Delhi Cooperative Societies Act, 2003 is appealable under Section 112 of the aforesaid Act. In view of the alternative remedy, which we feel is equally efficacious and effective, we do not see any reason to entertain the present writ petition. We accordingly refrain from going into merits, giving liberty to the petitioners

herein to invoke Section 112 of the Delhi Cooperative Societies Act, 2003. 2.

At this stage, learned counsel for the petitioners submits that the issue is limited and confined to the question whether or not the claims made by the petitioners are arbitrable. It will be open to the petitioners to raise the said contention before the tribunal and ask for expeditious and early disposal. Learned counsel appearing for the Cooperative Society states that they would not take any adjournment before the tribunal and they would like the matter to be finally resolved.

3.

In case the appeal filed by the petitioners is barred by limitation, it will be open to them to move an appropriate application and if any such application if filed, the tribunal will take note of the fact that the High Court had initially issued notice on the writ petition. SANJIV KHANNA, J.

SUNITA GUPTA, J.

AUGUST 29, 2016 VKR