Delhi High Court
Delhi Coop. Housing Finance ... vs Registrar Of Co-Operative ... on 27 March, 2019
$~23.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: 27.03.2019
% W.P.(C) 2939/2019
DELHI COOP. HOUSING FINANCE CORPORATION LTD.
..... Petitioner
Through: Mr. S.K. Kaushik, Adv.
versus
REGISTRAR OF CO- OPERATIVE SOCIETIES, DELHI & ORS.
..... Respondent
Through: Ms. Prabhsahay Kaur, Adv. for R-4.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
VIPIN SANGHI, J. (ORAL)
C.M. No. 13637/2019
Exemption allowed, subject to all just exceptions. The application
stands disposed of.
W.P.(C) 2939/2019 & C.M. No. 13636/2019
1. The petitioner Delhi Coop. Housing Finance Corporation Ltd
(DCHFCL) has preferred the present writ petition to assail the order dated
13.02.2017 passed by the Delhi Co-opearative Tribunal (DCT) in Appeal
No.48/2015/DCT, arising from Arbitration Case No. 19/GH/DR/ARB/2014-
15. By the impugned order, the DCT has dismissed the appeal preferred by
the petitioner against the award dated 23.03.2015.
2. The petitioner had advanced the loan to the Shankar Co-operative
Group Housing Society Limited for raising construction of the flats for its
members. Loan had been taken on behalf of a few of the members and not
all the members. Respondent No. 2 - Shrimati Kshama Pathak had not
obtained any loan from the petitioner and had funded the construction of her
flat entirely on her own by taking a loan from her employer.
3. It appears that dispute arose with regard to the repayment of the loan
advanced by the petitioner. While the petitioner claims that there is still an
outstanding amount of about Rs.3 Crores to be recovered, the stand of the
respondent Society is that the members who had availed of the loan, have
entirely repaid the same.
4. On account of the aforesaid dispute, the petitioner was not willing to
grant a No Due Certificate/ No Objection Certificate to the respondent No. 2
- Shrimati Kshama Pathak, which was necessary so that she could deal with
her flat.
5. In view of the aforesaid, she raised an Arbitration dispute under
Section 70 of the Delhi Co-operative Societies Act, 2003, wherein the
petitioner was impleaded as respondent No.1. The learned Arbitrator vide
award dated 23.03.2015, allowed the claim of respondent No.2. As
aforesaid, the petitioner's appeal has been rejected by the DCT on
13.02.2017.
6. The submission of learned counsel for the petitioner is that the
petitioner is yet to recover about Rs.3 Crores in respect of the loan advanced
to respondent society. On the other hand, the society is protecting all its
members, since it is claiming that all the members, who had availed of the
loan, have repaid the same.
7. We do not find any merit in this petition for the reason that so far as
respondent No.2 is concerned, admittedly, she had not availed of any loan
from the petitioner. The petitioner can have absolutely no claim against
respondent No.2 and her flat, in any event, cannot be attached or sold to
recover the alleged dues of the petitioner. The petitioner may have a claim
against those members who had availed of the loan, and may seek
attachment and sale of the flats of such members, in case they have not
repaid their loans, or the monies paid by them have not been transmitted to
the petitioner.
8. In similar circumstances, we have disallowed the similar stand taken
by the petitioner in W.P.(C) 1684/2017, Parveen Mahajan & Ors v. The
Registrar Cooperative Societies, Delhi & Anr & W.P.(C) 1704/2017,
Devendra Sharma & Ors The Registrar Cooperative Societies, Delhi &
Anr, decided on 25.03.2019.
9. We, therefore, find no merit in this petition.
10. Dismissed.
VIPIN SANGHI, J.
REKHA PALLI, J.
MARCH 27, 2019/ N.Khanna
