Puneet Nayyar vs Registrar Firms Societies & Chits ...
2023 Latest Caselaw 3017 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                      SPECIAL APPEAL NO. 337 OF 2023

                            09TH OCTOBER, 2023

Puneet Nayyar                                                    .....Appellant.
                                        Versus

Registrar Firms Societies & Chits & others                       ....Respondents.

Counsel for the Appellant : Mr. Kartikey Maulekhi, learned counsel.

Counsel for the Respondent Nos.1 & 2 : Mr. B.S. Parihar, learned Standing Counsel.

Counsel for the Respondent No.5 : Mr. Vipin Nayyar, party-in-

person.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The present special appeal is directed against the

order dated 13.07.2023, passed by the learned Single Judge,

in Writ Petition (M/S) No.1622 of 2023, whereby the interim

relief sought by the appellant- writ petitioner for stay of the

election results of the respondent- Society, has been

declined.

2. We have perused the impugned order, and the

record. We have also heard learned counsel for the appellant.

3. We see no merit in this appeal for the reason that

the interim relief sought by the appellant, if granted, would

have amounted to granting the final relief of setting at naught

the election results at the behest of the appellant, who is a

Canadian National, and did not participate in the election

process.

4. Counter-affidavit of the respondents was not even

called for, or available when the impugned order was passed.

5. In these circumstances, we are of the view that the

learned Single Judge was justified in declining the interim

relief sought by the appellant- writ petitioner.

6. For the aforesaid reasons, there is no merit in this

appeal, and the same is, accordingly, dismissed.

7. Since we have examined the present appeal on

merits, we are not going into the aspect of delay.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 09th October, 2023 NISHANT