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2009 Supreme(SC) 242

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Hindustan Coop. Housing Building Society Ltd. – Appellant
Versus
Registrar, Co-operative Societies – Respondent


Advocates Appeared: For the Appellant:K.T.S. Tulsi, Sr. Advocate, R.K. Gupta, R.C. Kaushik, Raj Kamal, Maheen Pradhan and T.S. Duggal, Advocates. For the Respondents:A. Sharan, ASG, B.A. Khan, Rakesh Munjal and Rajiv Dutta, Sr. Advocates, Syed Shahid Hussain Rizvi, Dr. Saif Mehmood, H.P. Singh, Hina Rizvi, Shashi Kiran, Asha G. Nair, Anil Katiyar and D.S. Mehra, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

1.1. Leave granted.

2.2. Challenge in this appeal is to the judgment of Delhi High Court in Writ Petition No.686/1992 and Review Petition No.268/2006 in the aforesaid writ petition.

3.3. Background facts in a nutshell are as follows:

On 5.9.1962 Anoop Singh who as a member wrote to appellant-Society asking for refund of monies (Rs.3110/- towards membership and Rs.15,000/- each for plot in appellants colony). The reason stated was that as the membership process with appellant was getting delayed and he has purchased a plot in Green Park and as per Govt. Policy there are no chances of getting more than one plot in Delhi.

On 9.5.1972 late Anoop Singh filed application for transfer of his membership in favor of his daughter, the respondent no.2.

On 18.11.1973, by a letter the appellant-society informed Anoop Singh that the Managing Committee by resolution dated 05.09.1973 allowed the transfer and asked for share certificate and other documents to enable transfer.

On 12.10.1978, appellant-society requested Anoop Singh to file an affidavit which was questioned by respondent no.2 by letter dated 27.10.1978.

On 26.3.1979 Anoop Singh did not file the requisi

























































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