Usha Gupta v. Govt. Servants Co-Operative Housing Building Society Ltd.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3553/2015 and CM No. 23064/2015 USHA GUPTA ..... Petitioner Through: Mr Saurabh Tiwari, Adv.

versus GOVT. SERVANTS CO-OPERATIVE HOUSING BUILDING SOCIETY LTD.

..... Respondent Through: Mr D.M. Sharma, Adv. for respondent No.1 Mr Rahul Sharma and Mr Ankit Roy, Advs for respondent Nos. 2 and 3

CORAM:

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

O R D E R

% 13.01.2016 We have heard the counsel for the parties and considered the records. The Co-operative Society had issued notice to the petitioner and after considering her explanation expelled her by General Body Resolution dated 31.03.2014. The first respondent-Society intimated the Registrar on 06.05.2014 in accordance with Rule 99 of the Delhi Co-operative Societies Rules, 2007. However, it appears that the said letter was not received. The petitioner's counsel contends that given the period of time allotted by Statute, i.e., Rule 99, the omission to approve the petitioner's expulsion results in the Resolution itself lapsing. This Court does not agree with the submission. However, no

final decision on this aspect is deemed necessary. The Registrar is hereby directed to decide the validity of the petitioner's expulsion in accordance with law within three months from today. All rights and contentions of the parties are kept open.

The writ petition along with the pending application is disposed of in the above terms.

S. RAVINDRA BHAT, J DEEPA SHARMA, J JANUARY 13, 2016 bg