R K Anand v. Neel Kamal Cooperative Group Housing Society & ORS

$~13.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9862/2018 & C.M. No. 38442/2018, C.M. No. 43367/2018 R K ANAND ..... Petitioner Through:

Mr. Bharat Bhushan Bhatia with Mr.Rajesh Bhatia, Mr. Ankit Bhatia, Advocates.

versus NEEL KAMAL COOPERATIVE GROUP HOUSING SOCIETY & ORS ..... Respondent Through:

Mr. Devesh Singh, ASC with Ms.

Sukriti Ghai and Ms. Urvashi Tripathi, Advs.

Mr. S.K. Kaushik, Adv. for DCHFC Mr. Rajiv Vig, Adv. for R-1 Society.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 18.12.2018 The submission of learned counsel for the petitioner is that even though an award was passed in favour of the petitioner by the Arbitrator on 13.08.2008 in Arbitration case No.4146/DR /ARB/07-08; consequent to which the petitioner also made payment of Rs. 1,18,570/- vide a pay order dated 18.08.2008; the appeal preferred by the respondent co-operative society is pending before the Delhi Co-operative Tribunal against the said

award; the recovery certificate has been issued suddenly after a lapse of 10 years.

In view of the aforesaid, we dispose of this petition with a direction to the Delhi Co-operative Tribunal to expedite the disposal of the appeal preferred by the co-operative society against the aforesaid award. Till the same is decided, no coercive steps shall be taken to recover the amount from the petitioner in terms of the impugned recovery certificate. The petitioner shall, however, not encumber or transfer his flat in the meanwhile till the matter attains finality.

We make it clear that we have not expressed any view on the merits of the case.

The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J A. K. CHAWLA, J DECEMBER 18, 2018 N.Khanna