Rakesh Kumar Paul v. Jhand Cooperative Group Housing Society Ltd. & ORS.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11010/2015 and CM No. 28383/2015 RAKESH KUMAR PAUL ..... Petitioner Through: Mr Ashok Drall, Adv.

versus JHAND COOPERATIVE GROUP HOUSING SOCIETY LTD. & ORS.

..... Respondents Through: Mr Rajal Rai, Adv. for R-1 Mr Dev Vrat, Adv. for R-2 Mr Rahul Bakshi, Adv for Respondent No.3/DDA

CORAM:

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

O R D E R

% 14.03.2016 The petitioner seeks a direction that his name sent be included in the list of proposed members sent by the first respondent to respondents 2 and 3 for the draw of lots. The first respondent-Society in its counter-affidavit points out that the petitioner had sought to obtain membership by a process of transfer from the existing member. However, that proposal was not accepted by the Registrar of Societies pursuant to which the petitioner filed an affidavit dated 16.10.2013 whereby he accepted that the Society could allot the flat in the name of Shri Sushil Kumar Sawhney (Membership No. 311) as he was original member.

This Court is of the opinion that the petitioner's membership

itself was never approved. In these circumstances, he cannot legitimately claim any relief-of the kind for a direction to include his name in the draw of lots.

Having regard to this position, learned counsel for the petitioner seeks liberty to withdraw the petition.

The petition is dismissed as withdrawn.

The interim stay granted by the Court is hereby vacated. S. RAVINDRA BHAT, J DEEPA SHARMA, J MARCH 14, 2016 bg