Delhi High Court
N K Karn vs Registrar Cooperative Societies ... on 23 August, 2017
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 487/2017 & C.M. No. 24789/2017
N K KARN ..... Petitioner
Through: Mr. Rakesh Munjal, Senior Advocate
with Mr. Atul Bandhu, Advocate.
versus
REGISTRAR COOPERATIVE SOCIETIES AND ANR.
..... Respondents
Through: Mr. Pankaj Sinha, Advocate and
Ms. Jubli Momalia, Advocate for R-1/RCS.
Mr. Subhash, President of R-2/Society.
Ms. Purti Marwaha, Advocate for the applicant in
C.M. APPL. No. 24789/2017.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 23.08.2017
1. The petitioner who claims to be a member of the respondent
No.2/Society, has filed the present petition for issuance of directions to the
respondent No.1/Registrar Co-operative Societies, to dispose of his
representation dated 08.12.2016. Further, a writ of mandamus has been
prayed for, directing the respondents to complete the process of allotment of
Flat No.122, Category of 'B', in the respondent No.2/Society, in his favour.
2. On 7.7.2017, last opportunity of two weeks was granted
to the respondent No.1/RCS to file an affidavit, failing which, the Assistant
Registrar, Co-operative Societies was directed to remain present with the
relevant records. The said affidavit has not been filed. Learned counsel for
the respondent No.1/RCS states he had filed the counter affidavit on
17.7.2017, but it was returned under objections and refiled on 27.7.2017.
3. Learned counsels for the petitioner and the respondent No.2/Society
confirm having received a copy of the said affidavit.
4. A perusal of the records reveals that after the petitioner filed a
representation with the respondent No.1/RCS on 08.12.2016, raising a
dispute with the respondent No.2/Society, regarding his membership an
Arbitrator was appointed under Section 70 of the Delhi Cooperative
Societies Act, 2003, who passed an Award on 6.6.2017, allowing his claim
and declaring him to be a bonafide member of the respondent No.2/Society.
5. Mr. Subhash, President of the respondent No.2/Society states that
aggrieved by the Award dated 6.6.2017, the Society has filed an appeal
before the Delhi Co-operative Tribunal on which service has yet to be
effected on the petitioner herein. The next date of hearing fixed before the
Tribunal is 03.10.2017.
6. A copy of the appeal paper book shall be furnished to the petitioner
within one week. The petitioner shall file a reply thereto within four weeks
with a copy to the other side and he shall appear before the Tribunal on the
date fixed. In view of the fact that the award of the learned Arbitrator made
in favour of the petitioner is under challenge, we are not inclined to grant
any relief to him at this stage.
7. The present petition is disposed of as pre-mature. As for the applicant
in C.M. No. 24789/2017, who seeks intervention in the present appeal,
under Order I Rule 10 CPC, claiming inter alia that he is the successor-in-
interest of the original member of the Society and so entitled to allotment of
the subject flat, it is for the applicant to seek legal recourse as may to
available to him. The application is also disposed of.
HIMA KOHLI, J
DEEPA SHARMA, J
AUGUST 23, 2017
ap/sk
