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High Court of DelhiW.P.(C)/9541/2024

Shashi Kiran, Advocate On Record v. Chairman, Supreme Court Bar Association Multistate Group Housing Cooperative Society & ORS.

2024-07-15Hon'Ble Mr. Justice Tushar Rao Gedela,Hon'Ble The Acting Chief Justice2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9541/2024 SHASHI KIRAN, ADVOCATE ON RECORD .....Petitioner Through:

Petitioner in person (Through VC) versus CHAIRMAN, SUPREME COURT BAR ASSOCIATION MULTISTATE GROUP HOUSING COOPERATIVE SOCIETY & ORS.

.....Respondent Through:

Mr.Shashank Bajpai, CGSC with Mr.Aakash Meena and Ms.Stuti Karwal, Advocates for R-2.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 15.07.2024 1.

Present writ petition has been filed seeking issuance of directions to respondent no. 1 to refund the unused/surplus money with it to the original members/shareholders of respondent no.1 and to allow Supreme Towers Apartments Owners Association ("STAOA") to sell the nine un-allotted flats by auction and distribute the sale proceeds among its members on pro-rata basis.

2.

After some arguments, the petitioner who appears in person, states that the petitioner would be satisfied if a direction is issued by this Court directing the respondent no.1 to decide the petitioner's representation dated 09th May, 2024, (attached as Annexure-4 to the present writ petition) in accordance with law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:22:47

3.

Keeping in view the aforesaid limited relief sought by the petitioner, present writ petition is disposed of with a direction to the respondent no.1 to decide the petitioner's representation dated 09th May, 2024, (attached as Annexure-4 to the present writ petition), in accordance with law, as expeditiously as possible. In the event, the petitioner is aggrieved by the decision taken by respondent no.1, it shall be open to the petitioner to challenge the same in accordance with the Multi-State Co-operative Societies Act, 2002. This Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left open. This Court further clarifies that the issue of jurisdiction is left open. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J JULY 15, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:22:47