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High Court of DelhiW.P.(C)/10145/2017

Shri Rajesh Kumar v. Register, Cooperative Socities Govt. Of NCT Delhi And ORS

2017-11-16Hon'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) 10145/2017, CM APPL. 41423/2017 and CM APPL. 41424/2017 SHRI RAJESH KUMAR ..... Petitioner Through: Ms Namitha Mathews, Mr Pulkit Malhotra and Mr Kushal, Advs.

versus REGISTER, COOPERATIVE SOCITIES GOVT. OF NCT DELHI AND ORS ..... Respondent Through: Mr Anuj Aggarwal, ASC, GNCTD and Mr Deboshree Mukherjee, Adv for R-1 and Mr Gulshan Ahuja, ARCS Ms M. Sen Gupta and Ms Sarita Panda, Advs for DDA Mr Apar Gupta, Ms Garima Jain, Advs for Raman Vihar CGHS

CORAM:

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

O R D E R

% 16.11.2017 Our attention has been drawn by learned counsel appearing on behalf of the parties to an order dated 17.09.2016, rendered by this Court in Raman Vihar CGHS Ltd. vs. The Registrar Cooperative Societies and Anr. W.P.(C) No.2197/2016, whereby in pursuance of its earlier order dated 08.08.2016, it had been directed as follows:- "6 (ii) In the meanwhile, it will be open to the newly enrolled members of the petitioner Cooperative Society to challenge the orders passed by the Registrar, Cooperative Societies in favour of the 7 members whose expulsion has been set aside. The said members state that they may file applications in the revision petitions filed by the Raman Vihar CGHS Ltd. pending before

the Financial Commissioner, or they may file independent revision petitions. This consent order or the liberty granted should not be construed as accepting (or rejecting) the applicant's claim to be impleaded as parties or heard in the pending revision petitions. Neither does it reflect or opine on whether their claim has merit or should be dismissed." In view of the foregoing, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition with liberty to institute appropriate proceedings in accordance with law before the Registrar of Cooperative Societies, who shall, after hearing the parties and in terms of the earlier orders passed by this Court in W.P.(C) No.2197/2016, including the order dated 08.08.2016, determine the said dispute. The petition along with the pending applications is dismissed as withdrawn and disposed off accordingly.

Dasti under the signature of Court Master.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J NOVEMBER 16, 2017 bg