Delhi High Court
Neelkamal Cghs Ltd vs Registrar Coop. Societies & Ors. on 29 May, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 29, 2023
3
+ W.P.(C) 6709/2023, CM APPL. 26253/2023
NEELKAMAL CGHS LTD ..... Petitioner
Through: Mr. Rajiv Vig, Advocate.
versus
REGISTRAR COOP. SOCIETIES & ORS. ..... Respondents
Through: Mr. Satyakam, ASC for R1 and R2
Ms. Shobhana Takiar and Mr. Kuljeet
Singh, Advocates for R-3.
Mr. Bharat Bhushan Bhatia, Advocate
5
+ W.P.(C) 6911/2023, CM APPL. 26926/2023
NEELKAMAL CGHS LTD. ..... Petitioner
Through: Mr. Rajiv Vig, Advocate.
versus
REGISTRAR COOP. SOCIETIES & ORS. ..... Respondents
Through: Mr. Satyakam, ASC for R-1
Ms. Shobhana Takiar and Mr. Kuljeet
Singh, Advocates for R-3.
Mr. Bharat Bhushan Bhatia, Advocate
6
+ W.P.(C) 7040/2023, CM APPL. 27380/2023
NEELKAMAL CGHS LTD. ..... Petitioner
Through: Mr. Rajiv Vig, Advocate.
versus
REGISTRAR COOP. SOCIETIES & ORS. ..... Respondents
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6709/2023, 6911/2023 & 7040/2023 Page 1 of 4
Signing Date:31.05.2023
16:42:21
Through: Mr. Satyakam, ASC for R-1
Ms. Shobhana Takiar and Mr. Kuljeet
Singh, Advocates for R-3.
Mr. Bharat Bhushan Bhatia, Advocate
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. 26252/2023 in W.P.(C) 6709/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 6709/2023, CM APPL. 26253/2023
W.P.(C) 6911/2023, CM APPL. 26926/2023
W.P.(C) 7040/2023, CM APPL. 27380/2023
3. The challenge in these petitions is to a common order dated October
14, 2022 passed by learned Financial Commissioner in three Revision
Petitions filed by the petitioner society challenging the common impugned
orders dated July 10, 2018 passed by learned Assistant Collector (Grade - I),
RCS, Delhi, whereby learned Financial Commissioner has rejected the
Revision Petition for want of jurisdiction. In other words, it is the finding of
learned Financial Commissioner that the petitions challenging the order
passed by learned Assistant Collector shall not be maintainable under
Section 116 of Delhi Cooperative Societies Act, 2003.
4. Mr. Rajiv Vig, Mr. Bharat Bhushan Bhatia and learned counsel
appearing for the other respondents would state that in view of the judgment
given by this court in the case of Jain Co-operative Bank Ltd. vs. Puneet
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6709/2023, 6911/2023 & 7040/2023 Page 2 of 4
Signing Date:31.05.2023
16:42:21
Jain & Ors., W.P.(C) 1588/2022 decided on March 28, 2023, the Revision
Petitions before learned Financial Commissioner shall be maintainable and
the Financial Commissioner could not have rejected the same. In view of the
submission and the conclusion in paragraph Nos. 11 and 12 of the above
judgment, which we reproduce, we revive the Revision Petitions filed by the
petitioner Society on the Board of learned Financial Commissioner by setting
aside order dated October 14, 2022.
"11. In view of aforesaid legal position, it is obvious that the
orders passed in 'execution proceedings' purportedly under
Section 105 of the Act are only amenable to the Revisional
Jurisdiction and appeal cannot be preferred under Section 112
read with Section 114 of the Act, as the same has not been
provided for in the statute. The same is also in accordance with
the legislative policy, since the execution proceedings are
separate and independent proceedings for the execution of the
award / decree and the merit of the claim or dispute cannot be
considered during the execution proceedings. Also, the
challenge to the decision or award under Section 71 of the Act
has already been provided for under Section 112(1)(k) and no
further Appeal with reference to orders passed under Section
105 of the Act has been rightly envisaged, since the executing
authority is bound by the terms of the decree.
12. It may also be observed that a party cannot be left
remediless in respect of the orders passed in execution
proceedings unless specifically barred by the statute. In view of
above, the petitioner correctly approached the Financial
Commissioner by way of Revision Petition for challenging the
impugned order passed by the Assistant Collector.
For the foregoing reasons, the impugned order dated
October 01, 2021 passed by the Financial Commissioner is set
aside. The Revision Petition filed by the petitioner accordingly
stands revived, which shall be considered and disposed of by
the Financial Commissioner in accordance with law. In the
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6709/2023, 6911/2023 & 7040/2023 Page 3 of 4
Signing Date:31.05.2023
16:42:21
facts and circumstances, no order as to costs."
5. This Revision Petitions be listed before learned Financial
Commissioner for preliminary hearing on July 10, 2023 when the parties
shall appear before learned Financial Commissioner, who shall proceed in
accordance with law.
6. Submission is made that the learned Financial Commissioner be
directed to dispose of the Revision Petitions at an early date. Liberty is
granted to the counsel for the petitioner to make such a submission before
the learned Financial Commissioner for his consideration.
7. Petitions stand disposed of. Pending applications also stand disposed
of as infructuous.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 29, 2023/R
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:31.05.2023
16:42:21
