Delhi High Court
Suresh Kumar Rathee vs The Registrar Co Operative Group ... on 16 May, 2023
Neutral Citation Number: 2023: DHC:3401-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 16, 2023
42
+ W.P.(C) 4310/2023, CM APPL. 16623/2023 (stay)
SURESH KUMAR RATHEE ..... Petitioner
Through: Mr. Akshay Chandra and Mr. Bharat
Sharma, Advocates.
versus
THE REGISTRAR CO OPERATIVE GROUP HOUSING
SOCEITIES PARLIAMENT STREET DELHI &
ANR. ..... Respondents
Through: Mr. Anupam Srivastava, ASC,
GNCTD with Ms. Sarita Pandey, Adv.
for R-1.
Mr. R.P.S. Sirohi and Mr. Deepak
Singhal, Advocates for R-3 to R-5.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
1. On the last date of hearing, this Court had passed the following order:
1. We have heard Mr. Akshay Chandra, learned counsel for
the petitioner and Mr. Anupam Srivastava, learned ASC
appearing for the RCS.
2. Issue notice to the respondent Nos.2 and 4, returnable on
May 16, 2023.
3. An issue arose whether the impugned order in the writ
petition, i.e., the speaking order passed by the learned RCS
dated January 17, 2023 can be challenged before the learned
Financial Commissioner, Mr. Akshay Chandra and Mr.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 4310/2023 Page 1 of 2
Signing Date:18.05.2023
17:10:42
Neutral Citation Number: 2023: DHC:3401-DB
Anupam Srivastava states, that they may be granted some time
to examine this issue.
4. At their request, re-notify on May 16, 2023.
5. Mr. Anupam Srivastava has filed before the Court the list of
39 Members whose cases were considered by the RCS which is
taken on record."
2. Mr. Anupam Srivastava, learned ASC appearing for the RCS would
submit that in terms of the judgment rendered by this Court in Jain
Cooperative Bank Ltd. vs. Puneet Jain & Ors., W.P.(C) 1588/2022, in the
absence of a remedy of appeal under the DCS Act, appropriate for the
petitioner is to file a revision petition under Section 116 of the Act.
3. On the submission of Mr. Srivastava, Mr. Akshay Chandra, learned
counsel for the petitioner states he shall withdraw this petition to enable the
petitioner file a revision petition alongwith an application for the interim
relief before the Financial Commissioner under Section 116 of the DCS Act.
4. On the petitioner filing a revision petition alongwith the application,
the same shall be considered by the revisional authority in accordance with
law.
5. All the pleas of the parties are left open to be urged before the
Financial Commissioner.
6. With the above, the Writ Petition and the applications are dismissed as
withdrawn.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 16, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:18.05.2023
17:10:42
