PREM JEET KUMAR versus SURENDER GANDOTRA AND ORS.

PREM JEET KUMAR versus SURENDER GANDOTRA AND ORS.

Disputes regarding irregularities committed by a past Managing Committee in the purchase of building materials for society construction touch the management of the society and fall within Section 60; Section 60(1) is determinative, and such disputes must be referred to arbitration.

Parties
Appellant: Prem Jeet Kumar; Respondent: Surender Gandotra; Respondent: Jupiter Cooperative Group Housing Society Limited; Respondent: Poonam Dhand; Respondent: Registrar, Delhi Cooperative Societies; Respondent: Delhi Cooperative Tribunal
Jurisdiction
India
Judgment Date
27 August 1991
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Arbitration, Settlement of Disputes, Surcharge, Irregularities in Management
Cooperative Societies Law Arbitration Settlement of Disputes Surcharge Irregularities in Management

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Parties

Prem Jeet Kumar

Appellant

Surender Gandotra

Respondent

Jupiter Cooperative Group Housing Society Limited

Respondent

Poonam Dhand

Respondent

Registrar, Delhi Cooperative Societies

Respondent

Delhi Cooperative Tribunal

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether a dispute relating to irregularities in purchase of building materials by the past Managing Committee falls within Section 60 of Delhi Co-Operative Societies Act, 1972
  2. 2 Applicability of Section 59 (Surcharge) versus Section 60 (Arbitration)

Ratio Decidendi

Disputes regarding irregularities committed by a past Managing Committee in the purchase of building materials for society construction touch the management of the society and fall within Section 60; Section 60(1) is determinative, and such disputes must be referred to arbitration.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs quantified at Rs.5,000
  • Dispute appropriately referred to arbitration under Section 60