High Court of DelhiW.P.(C)/7936/2019

Mod Cooperative Group Housing Society Ltd. v. Registrar Cooperative Societies And ANR.

2019-07-24Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7936/2019 MOD COOPERATIVE GROUP HOUSING SOCIETY LTD.

..... Petitioner Through:

Mr. Ankur Arora, Adv.

versus REGISTRAR COOPERATIVE SOCIETIES AND ANR.

..... Respondent Through:

Mr. Santosh Tripathi with Mr.

Rishabh Oswal, Advs. with Mr. Tanuj Bhanot, Assistant Registrar.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 24.07.2019 CM APPL. 32966/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 7936/2019 & CM APPL. 32965/2019 Issue notice. Counsel for the respondents accepts notice. The short grievance of the petitioner is that the respondent - Registrar of Co-operative Societies has not appointed the Returning Officer despite requests been made, considering the fact that the term of the present

managing committee of the petitioner society is coming to an end on 14.08.2019. The petitioner has placed reliance on the orders passed by this Court in W.P. (C) No. 2282/2019, Ghalib Memorial Cooperative Group Housing Society Ltd. & Anr. v. Registrar Cooperative Societies decided on 25.04.2019 as well as the order dated 01.04.2019, Dr. Gyanendra Kumar & Ors. v. Registrar of Cooperative Societies Govt. of NCT of Delhi & Ors., W.P. (C) No. 3221/2019.

Learned counsel for the respondent, on instructions, at the outset, states that the Registrar would make the appointment of the Returning Officer within the next two days. He points out that the special audit of the petitioner society is underway and as reported by the Auditor, the petitioner society was not co-operating in the said process. He submits that there was also a proposal to appoint an Administrator in respect of the petitioner society. However, the respondent would appoint a Returning Officer and independently proceed with the special Audit. We, therefore, dispose of this writ petition with a direction to the respondent to appoint a Returning Officer within the next two days and the respondent is free to proceed with the Audit unaffected by this order. The petition stands disposed of in the aforesaid terms. VIPIN SANGHI, J RAJNISH BHATNAGAR, J JULY 24, 2019 N.Khanna