Back
2023 Supreme(Del) 3090
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
New Anamika Co-operative Group Housing Society Ltd. – Appellant
Versus
Registrar of Co-operative Societies & Anr. – Respondents
W.P.(C) 7553 of 2012
Decided On : 02-08-2023
Mr. Harshit Jain, Mr. Prakhar Sharma and Ms. Abha Sinha, Advocates, for the Petitioner.
Mr. Udit Malik, ASC, GNCTD with Mr. Vishal Chanda, Advocate, for the Respondent.
Ms. Sangeeta Chandra, Advocate (Court Commissioner), for the Respondent.
The court has the authority to appoint a new Court Commissioner in place of a deceased Commissioner and to revise the amount payable to the Commissioners based on the circumstances and submissions made during the hearing.
Headnote:
Court Commissioner - Appointment of New Court Commissioner - The court appointed a new Court Commissioner in place of the deceased Court Commissioner to carry out the mandate of the court in the interest of justice.
Fact of the Case:
The petitioner filed an application seeking appointment of a new Court Commissioner due to the untimely demise of the previously appointed Court Commissioner.
Finding of the Court:
The court appointed a new Court Commissioner and increased the amount payable to the Commissioners based on the submissions made during the hearing.
Issues: Appointment of new Court Commissioner, Increase in amount payable to the Commissioners.
Ratio Decidendi: The court's decision was influenced by the untimely demise of the previous Court Commissioner and the need to carry out the mandate of the court in the interest of justice.
Final Decision: The application was disposed of, and Ms. Garima Sachdeva was appointed as the new Court Commissioner with revised terms of appointment. The amount payable to the Commissioners was increased to Rs.15,000/- each per month.
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM. No. 30793/2023
1. This is an application filed by the petitioner with the following prayers:
"It is therefore most humbly prayed to this Hon'ble Court, that in the present facts and circumstances, to kindly allow the present application and pass appropriate order orders by appointing a Court Commissioner to step in the Shoes of Late Ms. Mamta Mehra, Advocate (one of the previous Court Commissioner) to complete the process of scrutiny and verification drives in terms of the orders dated 19.12.2012 & 03.10.2013 passed by this Hon'ble court in the present Writ Petition in the interest of Justice. And Pass any other or further orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in favor of the plaintiff."
2. The petitioner has filed the present application because of the untimely demise of one of the Court Commissioner appointed by this Court vide order dated October 03, 2013 namely Ms. Mamta Mehra.
3. In effect, by this application, the applicant is seeking appointment of a new Court Commissioner in place of Late Ms. Mamta Mehra. Ms. Sangeeta Chandra, the other Court Commissioner was present on the last date of hearing and she is also present today in the Court.
4. We have heard the learned counsel for the parties and Ms. Chandra on the application and are of the view, due to the untimely demise of Late Ms. Mamta Mehra, a new Court Commissioner need to be appointed. Accordingly, this Court appoints Ms. Garima Sachdeva, Advocate (Mobile No. 9910540343) as the Court Commissioner in place of Late Ms. Mamta Mehra for carrying out the mandate of this Court in the order dated October 3, 2014. The terms of appointment of Ms. Sachdeva shall be as per said order. The commissioners shall submit their report in three months.
5. During the course of hearing, it was stated by the counsel for the petitioner that the amount fixed by the Court in the year 2013 be increased.
6. Having considered the said submission, we increase the amount payable to the Commissioners. The Commissioners shall be paid an amount of Rs.15,000/- each, per month instead of Rs.10,000/- as was fixed on October 03, 2014.
7. Application is disposed of.
