Npsc Co-Operative Group Housingh Society Ltd. v. Shashi Sood & Others

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 3622/2012 NPSC CO-OPERATIVE GROUP HOUSING SOCIETY LTD.

..... Petitioner Through: Mr. Anil Amrit, Advocate.

versus SHASHI SOOD & OTHERS ..... Respondents Through: Mr. S.K. Sharma, Adv. for Resp-1&2.

Ms. Sona Babbar, proxy for Mr. Peeyoosh Kalra, Addl. Standing Counsel/GNCTD on behalf of Resp-5/RCS.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 14.01.2016 The Court has heard the counsel for the parties. We notice at the outset that the Cooperative Tribunal by its order dated 10.01.2012 discussed the relative merits and contentions of the parties but confined with conclusions and rejected the petitioner's appeal on the ground that the Minutes authorizing the filing of the appeal were not written by hand.

This Court is of the opinion that the over-emphasis on the expression "handwritten" under Rule 60 appears to be hyper-technical given today's circumstances. At best the said requirement is directory. In the circumstances, the impugned order is hereby set

aside. The Tribunal is directed to consider and render decision on the merits of the appeal preferred by the petitioner's society at its earliest expedience and preferably within four months from today. The parties are directed to be present before the Tribunal on 10th February, 2016. All rights and contentions of the parties are reserved (except on the issue of maintainability).

The writ petition is partly allowed in the above terms. No costs.

A copy of this order be given dasti to the counsel for the parties.

S. RAVINDRA BHAT, J DEEPA SHARMA, J JANUARY 14, 2016 /vikas/