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2019 Supreme(SC) 93

A.M.KHANWILKAR, AJAY RASTOGI
Delhi Dayalbagh House Building Society – Appellant
Versus
Registrar Cooperative Societies – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shekhar Naphade, Ms. Garima Prashad, Mr. Nishit Agarwal,
For the Respondents: Mr. Ashwani Kumar, Mr. Vivek Kishore, Mr. Krishna Kumar

JUDGMENT :

Rastogi, J.

Leave granted.

2. Civil Appeal arising out of SLP(C) No. 33030/2013 has been filed assailing the order dated 2nd July, 2013 passed by the Registrar, Cooperative Societies under Section 94 of the Delhi Cooperative Societies Act, 2003. Indisputedly, the Order passed by the Registrar under challenge before us dated 2nd July, 2013 is appealable under Section 112 of Act 2003. The appellant approached directly to this Court primarily on the premise as alleged that the judgment which was passed by the Delhi High Court i.e. the impugned judgment before us in Civil Appeal arising out of SLP(C) No. 8138/2013, made certain observations in reference to the winding up proceedings initiated at the instance of the complaint made by one of the member of the society and in the given circumstances, filing of a statutory appeal under Section 112 of the Act may not serve any purpose.

3. Taking note of the submission of the learned senior counsel for the appellant at that stage, the appeal against the order dated 2nd July, 2013 was entertained by this Court. But after we have heard the parties, the judgment of the High Court dated 5th December, 2012 impugned before us in Civil Appeal







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