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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Jain Co-operative Bank Ltd. – Appellant
Versus
Puneet Jain & Others – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. Writ petition has been preferred by the petitioner assailing the impugned order dated October 01, 2021 passed by the Financial Commissioner, Delhi whereby the Revision Petition filed on behalf of the petitioner bank under Section 116 of the Delhi Cooperative Societies Act, 2003 (herein referred to as "the Act") challenging an order dated July 02, 2021 passed under Section 105 of the Act in Execution Case No.158/2019-20, was held to be non-maintainable on the ground that there is a provision of appeal provided under Section 112 (1)(k) of the Act.
2. The factual matrix falls in a narrow encompass.
i. Respondent No. 1, an employee of the petitioner co-operative bank, filed a claim petition under Section 70 of the Act, on which the matter was referred for arbitration under Section 71 of the Act.
ii. The learned arbitrator in arbitration case No. 1673/AR/ARB/15-16 passed an award dated April 14, 2016 and the relevant portion of the award is as follows:
"...
61. In view of the aforesaid discussions, I hereby set aside the letter dated 29.06.2015 issued by Sh. Kailash Chand Sharma, Officiating CEO of the respondent bank through which the claimant was revert
The right to file a Revision Petition is conferred by the statute and has a narrower scope than an appeal.
The party cannot be left remediless in respect of the orders passed in execution proceedings unless specifically barred by the statute.
The main legal point established in the judgment is the requirement of filing a certified copy of the decree along with the memorandum of appeal, and the court's consideration of the maintainability ....
Point of law: Termination of contract - petitioner has failed to issue statutory notice under Section 125 of the Karnataka Co-operative Societies Act, 1959 to defendant No.l and therefore plaint was ....
Ex parte Order - Review of order of appellate authority - Power under Section 152 of Code are neither to be equated with power of review nor can be said to be akin to review or even said to clothe th....
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
The court ruled that an appeal under Section 35(2) of the Uttar Pradesh Revenue Code is subject to revision under Section 210, emphasizing the supervisory role of the Board or Commissioner over subor....
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