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2024 Supreme(Online)(DEL) 13192
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 20/2024 PAMPOSH RESIDENT WELFARE ASSOCIATION REGD THROUGH ITS PRESIDENT SUNIL JAIN ..... Petitioner Through:
Mr.
Swarnendu Chatterjee, Khyati Dhupar, Ms. Deepakshi Garg, Mr. Yashvardha Singh and Ms. Diksha Pathak, Advs. versus AIR VICE MARSHAL DR RK GANJOO RETD AND ORS ..... Respondents Through:
None.
CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA
KHYATI DHUPAR
ORDER
% 15.01.2024 CM APPL. 2554/2024 (Ex.)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
C.R.P. 20/2024 and CM APPL. 2553/2024 (Stay)
3. The appellant/Resident Welfare Association (RWA) is assailing the impugned judgment/order dated 14.12.2023 passed by the learned Senior Civil Judge-cum-Rent Controller, South-East, Saket Courts, New Delhi, whereby the application moved by the respondents, who are plaintiffs in the main suit under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, was allowed and certain directions have been passed for allowing the respondents/plaintiffs to pay their outstanding subscriptions to the RWA and finalize the Voters/Electoral Roll before the elections are held.
4. Learned counsel for the appellant/RWA has vehemently urged that the impugned order has erroneously extended the time line for payment of subscriptions till 30.06.2023, which could not have been allowed as per the Rules of the RWA and particularly in view of the directions passed in the pending Civil Revision Petition No. 295/2023, whereby vide order dated 06.05.2023 the elections to the RWA have been stayed.
5. At this to case, prima-facie view, it appears that the directions (b) reflected in paragraph (18) of the impugned order may be mis- construed or may be subjected to diverse interpretation. The only thing that requires modification at this stage is to provided that the List shall be prepared indicating the name of each such member who have made payment before 31.03.2023 and likewise a list shall be prepared with regards to the such members of the RWA who have paid a subscriptions afterwards till 30.06.2023. The said disposition shall be without prejudice to the rights and contention of the parties.
6. It would be expedient that this matter be also heard along with the connected Civil Revision Petition No. 295/2023 before this Court on the next date of hearing.
7. Let notice be issued to the respondents by all permissible modes including via approved courier as well. The directions which have been passed by learned Senior Civil Judge-cum-Rent Controller shall obviously be subject to final outcome of this civil revision.
8. Re-notify on 14.02.2024. DHARMESH SHARMA, J. JANUARY 15, 2024 sp
