High Court of DelhiW.P.(C)/5566/2018

Om Prakash Modani & ANR v. Central Registrar Of Cooperative Societies Government Of India & ORS

2018-05-24Hon'Ble Mr. Justice Siddharth Mridul,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5566/2018 OM PRAKASH MODANI & ANR ..... Petitioners Through:

Mr. Mukund. P. Unny, Advocate along with Mr.

Ananga Bhattacharyya, Advocate.

versus CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES GOVERNMENT OF INDIA & ORS ..... Respondents Through:

Mr.

Jasmeet Singh, CGSC for respondent No.1.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 24.05.2018 CM APPL. 21677/2018 (exemption) Allowed, subject to just exceptions The application is disposed off.

W.P.(C) 5566/2018 The present petition assails an interim order dated 10.09.2015 passed by the Joint Secretary to the Government of India and Central Registrar of Cooperative Societies; in a revision application, instituted on behalf of the AP Mahesh Cooperative Urban Bank Limited, respondent No. 2 herein, assailing the correctness of an order No. 6692/2015/UP-I, dated 09.09.2015, passed by

the Arbitrator/Additional Registrar/Registrar of Cooperative Societies in petition, Dispute No. l/UB-1/2015, under Section 84 (l)(d) read with Section 84 (2)(c) of the Multi State Cooperative Societies Act, 2002. Although, the present petition assails the act of commission of the respondent No. 2 in creating a post of Chairman Emeritus as being ultra vires of the Multi State Cooperative Societies Act, 2002, in view of the circumstance that the order impugned is an interim order, he seeks leave to withdraw this petition at this stage with liberty to assail the decision rendered in the revision application at an appropriate stage. Leave and liberty granted.

The petition is dismissed as withdrawn at this stage and disposed off accordingly.

However, it is directed that the Revisional Authority shall endeavour to dispose off the matter, in accordance with law, expeditiously, and within a period of three months from the date of the communication of this order. Needless to state that, we have not expressed any opinion on the merits of the case and the parties are at liberty to urge all legal submissions as are available to them, before the Revisional Authority. Dasti be given under the signatures of the Court Master. Copy be sent to the respondent No. 1.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J MAY 24, 2018/ss