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2017 Supreme(SC) 362

PINAKI CHANDRA GHOSE, DEEPAK GUPTA
Delhi Development Authority – Appellant
Versus
Bankmens Co-operative Group Housing Society Ltd. – Respondent


JUDGMENT

DEEPAK GUPTA, J.

C.A.NO. 6805 OF 2013 & C.A.NOS. 6803-6804 OF 2013

These appeals are being disposed of by a common judgment since common issues of fact and law are involved.

2. We may first refer to the facts of Civil Appeal No. 6805 of 2013 relating to Bankmens Co-operative Group Housing Society (hereinafter referred to as the ‘Bankmens CGHS’). Some employees of the State Bank of India resolved to form a Co-operative Group Housing Society, namely Bankmens CGHS Ltd., on 06.10.1983 under the Chairmanship of one Deepak Khanna. The Society was registered with one Shri R.K. Mangla, as its Secretary. The Society had given a list of 74 promoter members. Correspondence was exchanged between the Bankmens CGHS, Registrar of Co-operative Societies (hereinafter referred to as ‘RCS’) and the Delhi Development Authority (hereinafter referred to as ‘DDA’). The Bankmens CGHS did not comply with various directions of the RCS and it was placed under liquidation on 30.03.1992. Though Liquidator was appointed, he did not take over the records of the Bankmens CGHS.

3. Some time between 1999-2000, almost after 16-17 years the Bankmens CGHS had been formed, and 7 years after it was placed under































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