Jal Vayu Towers Mohali Apartment Owners Association v. Sumit Dhiman And Others
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*, The petitioner seeks issuance of a writ in the nature of Certiorari quashing the impugned order dated 13.06.2025 (Annexure P-20) passed by respondent No.1 dismissing the revision of the petitioner-Society; order dated 22.01.2024 (Annexure P-14) passed by respondent No.2 dismissing the appeal of the petitioner-Society, and the orders dated 05.07.2023 (Annexure P-11) and dated 17.07.2023 (Annexure P-12) passed by respondent No.3, whereby, the petitioner- Society has been dissolved and taken over by respondent No.5, and the petitioner- Society
has been directed to vacate the office and hand over the complete charge of the petitioner-Society to respondent No.5; and respondent No.4 has been appointed as Administrator of the Association.
The impugned orders have been challenged while raising the following three fold issues:-
1. Whether the petitioner-Society registered under the Societies Registration Act, 1860 (for short 'Act of 1860) can be dissolved in contravention to the provisions of the Section 13 of the Act of 1860 and superseded over by a Society registered under the Punjab Apartment Ownership Act, 1995 (for short 'Act of 1995')?
2. Whether the funds/assets of the petitionerSociety registered under the Act of 1860 can be transferred to the New Association registered under the Act of 1995?
3. Whether the petitioner-Society does fall within the definition of Sections 2 and 3 of the Act of 1995 especially when the said sections define the word "promoter" and not the "society"?
All the three aforesaid issues are purely questions of law. Hence, the present writ petition has been preferred as the orders under challenge are in contravention to the statutory provisions of law.
Notice of motion.
On advance service of copy of petition, learned State counsel and learned counsel for respondent No.5 appear and accept notice, and seek time to file their respective replies.
Put up on 03.09.2025.
Any action on the part of the respondents shall be subject to the outcome of this writ petition. *
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