LAWS(SC)-2010-10-51

SANT LAL GUPTA Vs. MODERN CO OPERATIVE GROUP HOUSING SOCIETY LTD

Decided On October 18, 2010
SANT LAL GUPTA Appellant
V/S
MODERN CO-OPERATIVE GROUP HOUSING SOCIETY LTD Respondents

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 4.9.2002 passed by the Delhi High Court in Civil Writ Petition No. 2/98 by which the High Court has set aside the judgment and order of the Financial Commissioner dated 3.11.1997 passed in Case No. 234/97-CA, and also the judgment and order of the Registrar of the Co-operative Societies dated 26.8.1997.

(2.) Facts and circumstances giving rise to this appeal are that the appellants had been the members of the Modern Co-op. Group Housing Society Ltd. (hereinafter called the Society) and claimed to have paid all their subscriptions of membership and other dues on the demands made by the Society. The Society had proposed the expulsion of 27 members including the appellants, by its Resolution dated 27.4.1987 and the said proposal was sent to the Registrar of the Co-operative Societies (hereinafter called the Registrar) as required under the provisions of the Delhi Co-operative Societies Act, 1972 (hereinafter called as Act 1972), for approval on 20.2.1988 and meanwhile it enrolled new members, whose approval was also sought. In spite of all efforts made by the Registrar, the Society did not submit the record before him prior to 19.9.1995. The Registrar vide order dated 2.2.1996 issued notice to the Society for consideration of the said resolution and vide order dated 4.6.1996 rejected the approval.

(3.) Being aggrieved, the Society approached the Financial Commissioner by filing a revision under Section 80 of the Act 1972 which was also dismissed vide judgment and order dated 30.7.1996. Being aggrieved, the Society filed Writ Petition No. 3325/1996 before the Delhi High Court and after hearing the same, the matter was remanded to the Registrar for reconsideration. In pursuance of the order of the Delhi High Court, the Registrar considered the matter afresh and passed an order dated 26.8.1997 rejecting the approval of the expulsion of the appellants and other members. Being aggrieved, the Society preferred a revision before the Financial Commissioner which was also dismissed vide order dated 3.11.1997.