Narain Singh And Ors vs S D M / Registrar Of Soceities And ...
2017 Latest Caselaw 962 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 1399/2017 & CM 6421/2017
       NARAIN SINGH AND ORS                      ..... Petitioners
                    Through : Mr. L.K. Garg, Advocate

                          versus

       S D M / REGISTRAR OF SOCEITIES AND ANR
                                                            ..... Respondents
                          Through : Mr. Shatrajit Banerjee, Advocate
                          for R-1.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 17.02.2017

1. The petitioners have filed the present petition praying inter alia for issuing directions to the respondent No.1/Registrar of Societies to conduct the elections of the respondent No.2/State Bank of India Pensioner's Association, by secret ballot for the term commencing from the year 2017.

2. Counsel for the respondent No.1, who appears on advance copy, states that the petitioners have an equally alternate efficacious remedy under the Societies Registration Act, 1860 (in short 'the Act') for raising the dispute relating to the respondent No.2/Association before the civil court. He therefore opposes the maintainability of the present petition.

3. In view of the provisions of Section 13 of the Act, it is deemed appropriate to dispose of the petition with liberty granted to the petitioners to seek their remedies against the respondent No.2/Association in respect of

the elections of the governing body, by instituting a civil suit.

4. The writ petition is disposed of, along with the pending application.

HIMA KOHLI, J FEBRUARY 17, 2017 sk