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2004 Supreme(SC) 540

DORAISWAMY RAJU, ARIJIT PASAYAT
New Friends Co-operative House Building Society LTD. – Appellant
Versus
Rajesh Chawla – Respondent


JUDGMENT

Arijit Pasayat, J.-The appellant-society calls in question legality of the judgment rendered by Division Bench of the Delhi High Court whereby it was held that respondents 1 to 3 were not defaulters and, therefore, demands raised against them for the period prior to 4th August, 1984 were unsustainable. Respondents Nos. 1 to 3 were the writ petitioners Nos. 1 to 3 in the writ petition filed by them before the High Court. There was further direction given by the High Court that there may have been many members to whom similar demands have been sent. They were also entitled to refund of any payment taken by the society from them.

2. Writ application was filed by the respondents with prayer to quash the order dated 1.2.2003 issued by the Election Officer of the appellant-society and for setting aside the orders dated 23.1.2003 passed by him and for a direction for carrying out fresh inquiry regarding defaulters. They had filed nomination for the post of President, Member and Vice-President of the society for the election which was scheduled to be held on 1.2.2003. A bare reading of the writ petition shows that they were not satisfied with the list of defaulters prepared. The wri













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