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High Court of DelhiW.P.(C)/12634/2018

Minoo Bhatia v. Registrar Of Societies And ORS.

2018-11-27Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12634/2018 MINOO BHATIA ..... Petitioner Through Mr Aditya Aggarwal, Mr Ankit Mutreja, Advocates.

versus REGISTRAR OF SOCIETIES AND ORS.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.11.2018 CM No. 49066/2018 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 12634/2018 & CM No. 49065/2018 3.

The petitioner has filed the present petition impugning an order dated 25.05.2018 passed by respondent no.1 (the Registrar of Societies) which had approved the revised Rules and Regulations of respondent no.7 (Roop Nagar Public School Society) prior to the year 1995. 4.

The said Rules provided that seven persons belonging to or nominated by the family of the founder, Shri P.D. Bhatia, would be nominated as members of respondent no.7 Society. The said Rules were revised in the year 1995 and respondent no.7 Society is functioning since the past 23 years

approximately, in accordance with the said revised rules. The petitioner is the grand-daughter of P.D. Bhatia and was co-opted as a member of the Society on 17.09.2015. Plainly, the petitioner cannot make any grievance with regard to the revised rules, essentially, for the reason that the petitioner was co-opted as a member of the Society on the basis of the revised Rules and had accepted such membership without any protest. It is also seen that the present petition has been filed more than three years after the petitioner was co-opted as a member of respondent no. 7 Society. Further, the Rules were revised more than twenty-three years ago. 5.

In view of the above, this Court is also of the opinion that the present petition is hopelessly barred by limitation and latches. Although, the Limitation Act, 1963 may not be strictly applicable but it is settled law that the substratal principles of the said law would also be applicable to the proceedings under Article 226 of the Constitution of India. 6.

The present petition is, accordingly, dismissed.

The pending application also stands disposed of.

VIBHU BAKHRU, J NOVEMBER 27, 2018 pkv