SUPREME CO-OPERATIVE GROUP HOUSING SOCIETY versus M/S. H.S. NAG AND ASSOCIATES (P) LTD.

SUPREME CO-OPERATIVE GROUP HOUSING SOCIETY versus M/S. H.S. NAG AND ASSOCIATES (P) LTD.

The bar of jurisdiction under Sections 60 and 93 of the Delhi Co-operative Societies Act, 1972 applies only to the type of disputes enumerated in those sections, not to disputes arising from contracts with third parties. Notice under Section 90 is not mandatory for an application under Section 20 of the Arbitration Act, which is procedural. The arbitration clause in the original contract is broad enough to cover disputes about additional work, making the application under Section 20 maintainable.

Parties
Petitioner: Supreme Co-operative Group Housing Society; Respondent: M/s. H.S. Nag and Associates (P) Ltd.
Jurisdiction
India
Judgment Date
09 May 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP
Outcome
Petition dismissed
Legal Topics
Arbitrability of Disputes, Jurisdictional Bar, Notice Requirement, Arbitration Agreement
Arbitration Co Operative Societies Arbitrability of Disputes Jurisdictional Bar Notice Requirement Arbitration Agreement

Case Brief

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Parties

Supreme Co-operative Group Housing Society

Petitioner

M/s. H.S. Nag and Associates (P) Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP

Legal Issues

  1. 1 Whether an application under Section 20 of the Arbitration Act, 1940 is maintainable against a co-operative society in light of Sections 60, 90, and 93 of the Delhi Co-operative Societies Act, 1972.
  2. 2 Whether absence of notice under Section 90 bars the maintainability of the proceedings.
  3. 3 Whether the arbitration agreement covers disputes relating to additional work awarded after original contract.

Ratio Decidendi

The bar of jurisdiction under Sections 60 and 93 of the Delhi Co-operative Societies Act, 1972 applies only to the type of disputes enumerated in those sections, not to disputes arising from contracts with third parties. Notice under Section 90 is not mandatory for an application under Section 20 of the Arbitration Act, which is procedural. The arbitration clause in the original contract is broad enough to cover disputes about additional work, making the application under Section 20 maintainable.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed.