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2016 Supreme(Del) 1717

S.RAVINDRA BHAT, DEEPA SHARMA
H. K. MADHIA – Appellant
Versus
FINANCIAL COMMISSIONER – Respondent


Advocate Appeared:
Ms. Kajal Chandra and Ms. Swati Sinha and Ms. Prerna Chopra, Advocates
Mr. Naushad Ahmed Khan, ASC (Civil), GNCTD alongwith Mr.Nigam, Advocate for R-1.
Mr. Sunil Dalal, Advocate for R-2.
Mr. Dhruv Sharma, Advocate for R-3.
Mr. Siddharth Dutta, Adv. for R-4.

JUDGMENT :

MS. JUSTICE DEEPA SHARMA (JUDGMENT)

1. The petitioner claims to be a valid member of the second respondent (Subhash Cooperative Housing Society, “the society”) impugns an order dated 17.02.2012 of the Registrar of Cooperative Societies (RCS) and order dated 23.12.2014 of Financial Commissioner (FC). These had declared cessation of his membership of the society from the date of enrolment, i.e., 03.03.1996 and he was required to vacate flat No.58 as well as a plot admeasuring 300-400 square feet on the rear side of the flat, and hand it over to the Society. He also seeks a declaration that the order of RCS dated 27.03.1996 whereby expulsion of Mr. S.G. Vaswani was confirmed should be declared valid order and made final and absolute.

2. The petitioner’s claim is that he was a fresh member of the society and was not made a member against any vacancy. And, he paid all the dues in terms of the demands raised from time to time and that the total amount paid by him was Rs.8,50,000/-. He also says that his name has all along been shown in the list of members issued from time to time by the Society. It is further contended that the society’s allegation against him that at the time






















































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