Filing an Arbitration Matter in Thrift and Credit Societies at the Registrar of Societies (Delhi)

To file an arbitration matter in a thrift and credit society in Delhi, you must follow the provisions outlined in the Delhi Cooperative Societies Act, 2003 and Delhi Cooperative Societies Rules, 2007.

Step-by-Step Procedure for Filing Arbitration Matter

1. Eligibility for Filing Arbitration (Section 70 of the Act)

• Disputes Covered:
  As per Section 70(1) of the Delhi Cooperative Societies Act, 2003, arbitration can be invoked in the following disputes:

• • Between members and the society.
  • Between the society and its past or present members.
  • Between two or more societies.
  • Between a society and its employees.

• Common Disputes Include:

• • Loan default by a member.
  • Non-payment of dues by the society.
  • Mismanagement of funds.
  • Membership-related issues.

2. Drafting the Arbitration Application (Rule 90 of DCS Rules, 2007)

The application must contain:

• Details of the parties (Petitioner & Respondent).
• Facts of the case (history of dispute, efforts taken for resolution).
• Relief sought (monetary claims, reinstatement, loan recovery, etc.).
• Supporting documents (loan agreements, notices, meeting resolutions).

Rule 90 of Delhi Cooperative Societies Rules, 2007 provides the format and procedure for submitting a dispute for arbitration.

3. Submission of the Application to the Registrar of Cooperative Societies (RCS)

• The arbitration application should be filed before the Registrar of Cooperative Societies (RCS), Delhi, under Section 70 of the Delhi Cooperative Societies Act, 2003.
• The Registrar will verify the application and issue a notice to the respondent (society or member).

4. Appointment of Arbitrator (Section 71 of the Act)

• The Registrar of Cooperative Societies (RCS) appoints an arbitrator to handle the dispute.
• The arbitrator can be:
  • Registrar or an appointed officer under Section 71(1).
  • An independent arbitrator if required.

5. Arbitration Proceedings (Section 72 of the Act & Rule 92 of DCS Rules, 2007)

• The arbitrator conducts hearings as per the Delhi Cooperative Societies Rules, 2007 (Rule 92).
• Both parties submit evidence, witnesses, and arguments.
• The arbitrator follows the principles of natural justice and fair play.

6. Arbitration Award (Section 73 of the Act)

• The arbitrator issues a final award after evaluating the case.
• The award may include:
  • Recovery of dues, loans, or damages.
  • Specific performance of obligations.
  • Membership reinstatement or expulsion orders.

Section 73(2) of the Delhi Cooperative Societies Act, 2003 states that the award is binding on all parties.

7. Appeal Against Arbitration Award (Section 115 of the Act)

• If dissatisfied with the award, the aggrieved party can file an appeal before the Delhi Cooperative Tribunal within 60 days under Section 115.
• The appeal must be supported with legal grounds and evidence.

8. Execution of Arbitration Award (Section 74 of the Act)

• If the respondent fails to comply with the arbitration order, the award can be executed under Section 74.
• The Registrar can issue recovery certificates for loan defaults.
• The award can be enforced like a civil court decree.

Legal Provisions Referenced

Provision	Description
Section 70	Disputes eligible for arbitration.
Section 71	Appointment of arbitrator.
Section 72	Arbitration procedure.
Section 73	Arbitration award.
Section 74	Enforcement of award.
Section 115	Appeal against arbitration decision.
Rule 90	Format & procedure for submitting arbitration disputes.
Rule 92	Conduct of arbitration proceedings.

Conclusion

Filing an arbitration case in a Thrift and Credit Society in Delhi follows the legal framework provided under the Delhi Cooperative Societies Act, 2003, and the Delhi Cooperative Societies Rules, 2007. If you need assistance in drafting the arbitration petition, let me know, and I can help you with the legal format.