High Court of DelhiW.P.(C)/1133/2017

The Shivlok Cghs Ltd Thr Secretary v. Registrar Co Operative Societies

2017-02-10Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Chander Shekhar3 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1133/2017 & CM Nos.5160-61/2017 THE SHIVLOK CGHS LTD THR SECRETARY ..... Petitioner Through:

Mr. H.S. Sharma, Advocate versus REGISTRAR CO OPERATIVE SOCIETIES ..... Respondent Through:

Mr. Dinesh Singh, ASC

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.02.2017 Having heard learned counsel for the petitioner, we are not inclined to interfere with the impugned order dated 10.11.2016 passed by the Financial Commissioner. The impugned order dated 10.11.2016 reads as under: "1. Counsel for R-1, RCS filed short affidavit and supplied copy to other parties.

2. Counsel for Applicants filed application under Order 1 Rule 10 read with Section 151 CPC and supplied copy to other parties.

3. Counsel for petitioner undertook to file rejoinder to the reply filed by the RCS and reply of the application under Order 1 Rule 10 read with Section 151 CPC filed by the counsel for applicants, within two weeks.

4. Stay on the election vide order dt. 25.10.2016 is vacated.

5. Since tenure of the Society has already been expired, therefore, RCS is directed to take immediate step for appointment of an administrator in the Society to conduct the election as per Section 35 of DCS Act, 2003. Issue notice to RCS for the same.

6. Adj. to 25.11.2016."

It is noticed that the next date of hearing fixed by the Financial Commissioner was 25.11.2016.

The order passed by the Financial Commissioner on 25.11.2016 has not been enclosed. Learned counsel for the petitioner has stated at Bar that the proceedings are now fixed on 1.3.2017.

Learned counsel for the petitioner has drawn our attention to the order dated 21.3.2016 passed in CA No.9973/2016 in WP(C) No.10893/2015 titled The Shivlok Co-operative Group Housing Society Ltd. v. Registrar Cooperative Societies Having examined the order dated 21.3.2016 we do not find that the directions given therein conflict with the directions given by the Financial Commissioner in the order dated 10.11.2016. The order dated 21.3.2016 records that the tenure of the last Management Committee would end in May 2016. The order dated 10.11.2016 has been passed after May, 2016.

The schedule and date of election has not been announced. Learned counsel for the petitioner submits that the petitioner would like early elections and also early disposal of their revision petition. It is open to the petitioner to raise such submission before the Financial Commissioner, who keeping in view his Board, will attempt to dispose of the revision petition as expeditiously as possible. With the aforesaid observations, the writ petition is dismissed. The pending applications are also dismissed.

SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 10, 2017 tp