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2023 Supreme(Del) 4629
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Suresh Kumar Rathee – Appellant
Versus
The Registrar Co Operative Group Housing Soceities Parliament Street Delhi & Anr. – Respondents
W.P.(C) 4310 of 2023, CM APPL. 16623 of 2023 (stay)
Decided On : 16-05-2023
Mr. Akshay Chandra and Mr. Bharat Sharma, Advocates, for the Petitioner.
Mr. Anupam Srivastava, ASC, GNCTD with Ms. Sarita Pandey, Advocate, for the Respondents No.1.
Mr. R.P.S. Sirohi and Mr. Deepak Singhal, Advocates, for the Respondent-3 to 5.
In the absence of a remedy of appeal under the DCS Act, the appropriate course of action for the petitioner is to file a revision petition under Section 116 of the Act.
Headnote:
Revision Petition - Jurisdiction of Financial Commissioner - The court held that in the absence of a remedy of appeal under the DCS Act, the appropriate course of action for the petitioner is to file a revision petition under Section 116 of the Act, as established in the judgment in Jain Cooperative Bank Ltd. vs. Puneet Jain & Ors.
Fact of the Case:
The petitioner withdrew the writ petition to enable the filing of a revision petition along with an application for interim relief before the Financial Commissioner under Section 116 of the DCS Act.
Finding of the Court:
The court dismissed the writ petition and the applications as withdrawn, allowing the petitioner to pursue the appropriate course of action by filing a revision petition.
Issues: Jurisdiction of Financial Commissioner, Applicability of Section 116 of the DCS Act
Ratio Decidendi: In the absence of a remedy of appeal under the DCS Act, the appropriate course of action for the petitioner is to file a revision petition under Section 116 of the Act.
Final Decision: The writ petition and the applications are dismissed as withdrawn.
JUDGMENT
V. Kameswar Rao (Oral) On the last date of hearing, this Court had passed the following order:
1. We have heard Mr. Akshay Chandra, learned counsel for the petitioner and Mr. Anupam Srivastava, learned ASC appearing for the RCS.
2. Issue notice to the respondent Nos.2 and 4, returnable on May 16, 2023.
3. An issue arose whether the impugned order in the writ petition, i.e., the speaking order passed by the learned RCS dated January 17, 2023 can be challenged before the learned Financial Commissioner, Mr. Akshay Chandra and Mr. Anupam Srivastava states, that they may be granted some time to examine this issue.
4. At their request, re-notify on May 16, 2023.
5. Mr. Anupam Srivastava has filed before the Court the list of 39 Members whose cases were considered by the RCS which is taken on record."
2. Mr. Anupam Srivastava, learned ASC appearing for the RCS would submit that in terms of the judgment rendered by this Court in Jain Cooperative Bank Ltd. vs. Puneet Jain & Ors., W.P.(C) 1588/2022, in the absence of a remedy of appeal under the DCS Act, appropriate for the petitioner is to file a revision petition under Section 116 of the Act.
3. On the submission of Mr. Srivastava, Mr. Akshay Chandra, learned counsel for the petitioner states he shall withdraw this petition to enable the petitioner file a revision petition alongwith an application for the interim relief before the Financial Commissioner under Section 116 of the DCS Act.
4. On the petitioner filing a revision petition alongwith the application, the same shall be considered by the revisional authority in accordance with law.
5. All the pleas of the parties are left open to be urged before the Financial Commissioner.
6. With the above, the Writ Petition and the applications are dismissed as withdrawn.
