D S Kundu vs Registrar Cooperative Societies ...
2017 Latest Caselaw 2699 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 4743/2017, CM APPL. No. 20614/2017

        D S KUNDU                                          ..... Petitioner
                 Through:           Mr. Karan S. Thukral and Mr. Rohit Yadav,
                                    Advocates.

                           versus

        REGISTRAR COOPERATIVE SOCIETIES DELHI ..... Respondent
                Through: Ms. Vaishnavi Rao, Advocate for Mr.Gaurav
                         Verma, Advocate for RCS.

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
        HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
                         ORDER

% 26.05.2017

1. The petitioner is aggrieved by the failure on the part of the respondent/RCS to consider and decide two applications filed by him, the first one dated 16.08.2016 under Section 118 read with Section 121 of the Delhi Co-operative Society Act, 2003 (Annexure-P5) and the second one dated 22.10.2016 filed under Rule 60 of the Delhi Co-operative Society Rules, 2007 (Annexure-P6).

2. Learned counsel for the petitioner states that the petitioner has raised several grievances against the Managing Committee of the Philips Tower Co-operative Society, Sector-23, Dwarka, Delhi of which he is the Vice President, but no action has been taken so far by the respondent/RCS.

3. We are of the opinion that the petitioner ought to have impleaded Philips Tower Co-operative Society as a respondent in the present proceedings particularly when the relief prayed for is directed against the

Society. Since, we propose to dispose of the present petition at the stage of admission itself, the petitioner is directed to furnish a copy of the order passed in the present proceedings, to the Society for information.

4. Learned counsel for the respondent, who appears on an advance notice, assures the Court that the pending petition/applications dated 16.08.2016 and 22.10.2016 filed by the petitioner shall be considered and decided in accordance with law.

5. In view of the submissions made hereinabove, the present petition is disposed of with direction issued to the respondent to examine the petition/application filed by the petitioner (Annexure P5 and P6) within eight weeks from today and pass an appropriate order. If considered necessary, notice shall be issued to the Society and the parties named in the petition/applications before passing appropriate orders.

6. The petition is disposed of.

7. A copy of this order shall be furnished by the petitioner to the Society under a covering letter along with a copy of the paper book of the present petition.

HIMA KOHLI, J

SANGITA DHINGRA SEHGAL, J MAY 26, 2017 gr