Supreme Court upholds High Court's quashing of cryptic tribunal orders

The case concerns a dispute over the allotment of a plot of land by a cooperative housing society, where the appellant (legal heir of the original claimant) challenged the Delhi High Court's decision to set aside orders from an Arbitrator and a Tribunal that had favored the claimant's membership and entitlement.

Who it concerns: Appellant: Shri Prakash Narain Sharma (Dead through Legal Representative); Respondents: M/s. Burmah Shell Co-operative Housing Society (Regd) through Managing Committee Member Sh. P. Jindal and others; Bench: Justice Atul S. Chandurkar.

What the court decided

• The Supreme Court held that no case was made out to interfere with the impugned judgment of the High Court.
• The Court implicitly upheld the High Court's exercise of jurisdiction under Articles 226 and 227 to set aside the orders of the Arbitrator and the Tribunal.
• The Court found that the High Court correctly identified that the original claimant's claim of membership from 1952 was rejected by the Society and that relevant documentary material had been ignored by the lower authorities.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The Court noted that the orders of the Arbitrator and Tribunal were 'cryptic and almost bereft of reasoning' as observed by the High Court.
• The core issue was whether the High Court exceeded its certiorari jurisdiction in interfering with the concurrent orders of the Arbitrator and Tribunal.