Inspection ordered by RCS stayed by Delhi High Court

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IN THE HIGH COURT OF DELHI AT NEW DELHI
WP(C) 8449/2007

LOVELY HOME CO-OPERATIVE GROUP HOUSING SOCIETY LTD
Petitioner
Through
Mr. Shaju Francis and Ms Sapna Mahapatra, Advocates

VERSUS

REGISTRAR OF COOPERATIVE SOCIETIES & OTHERS
Respondent
Through
Ms. Rachna Gautam and Ms. Sujata kashyap, Advocates for R-1

CORAM
HON’BLE MR JUSTICE VIKRAMAJIT SEN
HON’BLE MR JUSTICE S.L. BHAYANA

ORDER
16.11.2007

CM 15952/2007 (exemption)
Exemption allowed, subject to all just exceptions.

W.P.(C) 8449/2007 & CM 15951/2007

Learned counsel for the Petitioner contends that Mr. LS Chadha is not a creditor or a member of the committee or a member of the cooperative society and is therefore not competent to invoke section 61 of the Delhi Cooperative Societies Act, 2003. He further draws our attention to the fact that a complaint has been lodged against Mr. LS Chadha, stating that he has illegally and forcibly taken possession of Flat No.B-603, Lovely Home Cooperative Group Housing, Plot-5,Sector-5, Dwarka, New Delhi. The office of the Registrar, Cooperative Societies did not issue any notice to the petitioner and instead directly appointed Mr. PC Jain, as the Inspection Officer. Objections have been taken before the Inspection Officer but without answering them he has required the petitioner to file its reply on merits.

Prima facie Section may not be available in the circumstances of the case.

Issue notice: Ms Rachna Gautam, Advocate accepts notice on behalf of Respondent No.1

Renotify on 9th April, 2008

Till the next date of hearing, proceedings before the Inspection Officer are stayed.

It is 11:40 a.m. Counsel for the Petitioner states that proceedings are scheduled for 4 p.m. today

A copy of this Order be given dasti, as prayed

Sd/-
VIKRAMJIT SEN, J

Sd/
S.L. BHAYANA

NOVEMBER 16, 2007

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3 Comments

  • JK JAIN says:

    In spite of repeated request the RCS has not ordered inspection of bungling of funds in our society

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  • suresh a s says:

    suggest any good lawyer for recovery of maintainance chrges

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  • In the Cooperative Group Housing society where I live I filed an RTI and the Society refused to part with the information on frivolous grounds.I went for an appeal and on the date of hearing the President of the society made the false statement that the information has already been provided.The Deputy Registrar ordered to provide the information once again.To this Management Committee gave me false and irrelevant information photocopies.I went for 2nd appeal on the ground that the required information has not been provided.This time on the date of hearing an advocate appeared on behalf of the respondant Management Committee who said that the information has already been provided earlier.To this Deputy Registrar ordered that in case the information has already been provided,again provide another copy.In addition the Management Committee of the Society where I live gave a bill of Rs15000/= to me as lawyer hiring charges for appearing on their behalf in 2nd RTI appeal case.This will be charged from you.Please advise can respondant society raise lawyer charges from the applicant who filed 2nd RTI appeal to the respondant society to seek certain information.Request pl advise how it can be got removed/waved off.

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