Sh Virender Kumar Yadav vs Sh Tajom Taloh & Anr.

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                        Judgment delivered on: 24th November, 2014

+                        CONT. CAS. No.639/2013

SH VIRENDER KUMAR YADAV                               ..... Petitioner
             Represented by:         Mr.V.P. Rana, Advocate.
             Versus
SH TAJOM TALOH & ANR.                              ..... Respondents
             Represented by:         Ms.Sonia Arora, Advocate for
                                     Respondent No.1.
                                     Mr.N. Prabhakar and Mr.Dhruv
                                     Sharma,     Advocates       for
                                     Respondent No.2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)

CONT.CAS(C) 639/2013

1. This matter has been received on transfer from the Co-ordinate Bench.

2. The present contempt petition is predicated on the non- compliance of the order of this Court passed on 01.02.2013 in Writ Petition (C) No.627/2013, titled as 'Virender Kumar Yadav Vs. Registrar, Cooperative Societies and Ors.', whereby the Registrar, Cooperative Societies, was directed to consider and decide the complaint dated 26.12.2012 filed the petitioner within a maximum period of two months.

3. Since the aforementioned Registrar did not decide the petitioner's complaint dated 26.12.2012 within the time frame in compliance of the aforesaid order of this Court, the present contempt petition was filed by the petitioner.

4. In reply thereto, learned counsel for respondent No. 1 submits that Mr.Lal S. Vaswani did not file reply to the show-cause notice issued to him under Rule 25(1)(C) of Delhi Co-Operative Societies Act, 2003 Rules, 1973, due to which the Registrar could not dispose of the aforesaid complaint. Accordingly, the said Mr. Vaswani was arraigned as respondent No.2/Contemnor in this contempt petition.

5. Learned counsel appearing on behalf of the respondent No.2 submits that Mr.Vaswani is a cancer patient and has been taking treatment for the same, therefore, he could not file reply to the complaint pending before the Registrar, Co-operative Societies. He further submits that the petitioner has concealed the fact that the Division Bench of this Court vide its order dated 11.02.2013 directed the Financial Commissioner to decide the issue within a maximum period of three months from the said date.

6. On the other hand, learned counsel appearing on behalf of the petitioner submits that his claim of membership was held to be illegal and the membership of respondent No.2/Mr. Lal S. Vaswani was held valid, despite the respondent No.2 concealed the fact that his wife was also holding membership in other Group Housing Co-operative Societies.

7. Learned counsel further submits that the complaint dated 26.12.2012 has been decided by the Registrar, Co-Operative Societies, vide its order dated 25.09.2014, whereby membership of Smt. Geeta Vaswani, wife of Mr.Lal S. Vaswani/respondent No.2 has been ceased from the date of acquiring the membership in Nirman CGHS Ltd. Mayur Vihar, New Delhi. Also submits that the aforesaid order dated 25.09.2014 has been challenged by the petitioner before the Financial Commissioner.

8. The fact remains for the reasons noted above, directions passed by this Court vide order dated 01.12.2013 have been complied with vide aforementioned order dated 25.09.2014.

9. In view of the facts recorded above, I am not inclined to pass any further order.

10. Consequently, the notices issued in this contempt petition stand discharged.

11. The contempt petition is dismissed accordingly.

CM No.14762/2013 With the dismissal of the contempt petition itself, the instant application has become infructuous. The same is accordingly dismissed.

SURESH KAIT (JUDGE) NOVEMBER 24, 2014 sb CONT. CAS NO.639/2013 Page 3 of 3