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2012 Supreme(Del) 1790

SANJAY KISHAN KAUL, VIPIN SANGHI
RISHABH VIHAR COOPERATIVE HOUSE BUILDING SOCIETY LTD. – Appellant
Versus
SALIL RICHARIYA – Respondent


Advocates Appeared:
Mr. Ankur Arora, Advocate
Mr. Anil Amrit, Adv. for R-1
Mr. K.C. Mittal, Mr. Sanjay Kumar and Ms. Anjali Nehra, Adv. for R-2
Mr. Sanjeev Sachdeva, Sr. Adv. with Mr. Pranav Mishra, Mr. B.K. Pandey and Ms. Priyam Mehta, Adv. for R-3
Mr. V.K. Tandon, Adv. for R-5

JUDGMENT


VIPIN SANGHI, J.


1. The petitioner society assails the order dated 14.11.2008 passed by the learned Financial Commissioner in Case Nos.81/2006-CA and 260/2006-CA being revision proceedings under Section 80 of the Delhi Cooperative Societies Act, 1972 (the Act), preferred by late Sh. Kushiram Jain, original respondent no.4 in the present proceedings to assail the enquiry reports dated 18.01.2006 (prepared under Section 55 of the Act) and the enquiry report dated 02.08.2006 (prepared under Section 59(1) of the Act).

2. By the impugned order, the said revision petitions have been allowed by the Financial Commissioner by holding that the enquiry report prepared under Section 55 of the Act was vitiated on account of breach of the principles of natural justice. Since the enquiry report under Section 55 of the Act has been set aside, which is a precursor to initiation of proceedings under Section 59(1) of the Act, the same too has been set aside.

3. We may, at the outset, notice a few background facts in which the present petition has come to be filed. The petitioner society, after allotment of plots to all its members, was left with three additional unallotted residential plots, a





















































































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