Delhi High Court
Ideal Cghs Ltd. vs Registrar Co-Operative Socities ... on 16 January, 2017
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 326/2017
Date of decision: 16th January, 2017
IDEAL CGHS LTD. ..... Petitioner
Through Mr. Pankaj Vivek, Advocate.
versus
REGISTRAR CO-OPERATIVE SOCITIES & ANR..... Respondent
Through Mr. Raghav Kumar Tiwari, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
SANJIV KHANNA, J. (ORAL)
C.M. No. 1539/2017
Exemption allowed, subject to all just exceptions.
W.P.(C) 326/2017
Ideal Cooperative Group Housing Society Ltd., in this writ petition, has
challenged the orders 18th September, 2013 and 9th December, 2013, passed by the
Assistant Registrar, Cooperative Societies directing grant of membership to
Shanker Lal Gaur, the second respondent. The order dated 1st December, 2016
passed by the Financial Commissioner rejecting revision petition filed by the
petitioner-Cooperative Society against the said direction is also challenged.
2. Having heard learned counsel for the petitioner-Cooperative Society, we are not
inclined to interfere with the impugned orders.
3. Ram Lal Gaur, father of the second respondent Shanker Lal Gaur had acquired
"ownership" rights in Flat No.304 pursuant to documents executed by the original
allotee Kanwal Manocha on 22nd November, 1999. These documents included
General Power of Attorney, Special Power of Attorney, Agreement to sell, receipts
etc.
4. Ram Pal Gaur apparently transferred his rights and interest in the flat in favour
of his son Shanker Lal Gaur, the second respondent.The transfer of rights to
Shanker Lal Gaur in 2004 is not diputed. Ram Pal Guar executed an unregistered
General Power of Attorney dated 21st February, 2004 in favour of Shanker Lal
Gaur, on the basis of which Shanker lal Gaur had applied for membership of the
petitioner-Cooperative Society. On an objection being raised that the Power of
Attorney was unregistered, Ram Pal Gaur executed a registered Power of Attorney
in favour of his son Shanker Lal Gaur on 6 th April, 2013. The petitioner-
Cooperative Society, as recorded in the order dated 18th September, 2013 passed
by the Assistant Registrar, had stated that as a copy of the registered Power of
Attorney had been provided, the Secretary and the Office Secretary had agreed in
principle to transfer the membership. This order had accordingly directed that the
Cooperative Society would transfer the membership to Shanker Lal Gaur within 15
days from the date of issue of order as other requisite formalities had been
fulfilled. The petitioner-Cooperative Society subsequently filed an application
seeking recall/review of the order which was rejected.
5. This is a case in which it is undisputed that Ram Pal Gaur is residing in Flat
No.304 in the Cooperative Society. Ram Pal Gaur by execution of the Power of
Attorney wants his son to be enrolled as a member of the petitioner-Cooperative
Society. The petitioner-Cooperative Society admits that Ram Pal Gaur had sold the
flat in favour of his son Shanker Lal Gaur on 21 st February, 2004. As the
transaction was between father and son, registered documents were not executed at
that time. Subsequently, a registered Power of Attorney was executed, affirming
the transfer. There is as such no lis or dispute between Ram Pal Guar and his son
Shanker Lal Gaur.
6. In view of the aforesaid facts and keeping in view the relationship between
Ram Pal Gaur and Shanker Lal Gaur, we do not think that the order passed by the
Assistant Registrar as affirmed by the Financial Commissioner requires
interference. The writ petition is accordingly dismissed.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J.
JANUARY 16, 2017/NA
