Sagar Apartments Residents Association v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 354/2017 SAGAR APARTMENTS RESIDENTS ASSOCIATION... Petitioner Through Mr.Rahul Shukla, Advocate versus UNION OF INDIA & ORS ..... Respondents Through Mr.Sameer Sharma, Advocate for Mr.Rajendra Sahu, Advocate for R-1 Ms.Sakshi Popli & Mr.Jitendra Kr.Tripathi, Advocates for R-2

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 28.03.2017 CM No.12269/2017 (exemption) Allowed subject to all just exceptions.

CM(M) 354/2017 & CM No.12268/2017 By the present petition filed under Article 227 of the Constitution of India, the petitioner association seeks to impugn the orders dated 10.01.2017 and 02.03.2017 passed by the trial court.

The real issue is as to whether the petitioner association which is Sagar Apartments Residents Association has to seek registration under Societies Registration Act, 1860 or under Section 8 of the Companies Act, 2013.

The learned counsel for the petitioner submits that as per Rule 9 of the Rules, framed under the Delhi Apartment Ownership Act, voting rights are

assigned based on the percentage of the area. However, under the Societies Registration Act each member has one vote. Hence, he submits that the petitioner association has applied for registration under Section 8 of the Companies Act. He further submits that the trial court has not accepted the said submission of the petitioner A perusal of the impugned order would show that the trial court has rejected this submission of the petitioner as follows: " .........Per se it appears that in the fitness of things, the plaintiff should have got themselves registered under Registration Society Act, 1860."

It is manifest that the conclusions reached by the trial court that the petitioners should be registered under the Societies Registration Act, 1860 is a conclusion which is arrived at without giving any reasons whatsoever or dealing with necessary statutory provisions.

In the light of the above fact and in the interest of justice, the petitioner is granted liberty to seek review/recall of the order dated 02.03.2017.

In case, any such review/recall application is filed, the trial court may deal with the same as per law keeping in view the observations made by the court above. The application filed by the petitioner shall be adjudicated upon before the final arguments heard in the matter. Petition stands disposed of. All the pending applications, if any, is also disposed of.

JAYANT NATH, J.

MARCH 28, 2017/v