RAJ RANI K V JOHAR SURINDER NATH LUTHRA Vs. DELHI ADMINISTRATION:DELHI ADMINISTRATION:DELHI ADMINISTRATION

JUDGEMENT

(1.) This Court on 29 August, 1974 appointed Shri Debabrata Mookerjee Chairman to convene, fix the date and hold the meeting of New Friends Co-operative House Building Society Ltd. referred to as the Society in accordance with the provisions of the Delhi Co-operative Socieities Act, 1972. This meeting was directed to be held for the purpose of electing the members of the New Managing Committee. The Chairman was directed to look into each and every disputed question of membership. The Chairman was further directed to decide whether the persons had been rightly or wrongly declared to be defaulters. The order further directed that if the Chairman came to the conclusion that the person had been wrongly declared to be a defaulter, the Chairman would include him or her in the list of members. The Chairman was also asked to give effect to all orders of this Court already made in regard to persons who were declared defaulters and who, according to orders of this Court on payment of money are not and cannot be treated as defaulters. The Chairman was asked to go into cases where money had been sent and not accepted. If the Chairman came to the conclusion that money had been wrongly not accepted, the Chairman would decide the same in accordance with Rules and Bye-laws of the society. There are further details in the order dated 29 August. 1974.

(2.) In the order dated 29 August, 1974 Brij Mohan Malhotra was given liberty to adduce proof before the Chairman that the money was tendered within time. If the Chairman came to the conclusion that it was tendered in time, he would decide in accordance with Rules and bye-laws of the society.

(3.) The Chairman was entitled to scrutinise whether any person had been either illegally brought in as a member or illegally removed, having regard to the rules, bye-laws and regulations of the society. Inder Bir Kaur alleged that she had been illegally removed from membership. The Chairman was directed to go into the question.