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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