MAHAVIR SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been filed contending that the petitioner has filed an appeal assailing an award dated 25th March, 2009 passed under section 71 of the Delhi Cooperative Societies Act, 2003 against the petitioner. The petitioner submits that the statutory remedy was invoked by way of the appeal before the Delhi Cooperative Tribunal filed on or about the 15 th April, 2009 being Appeal No. 128/2009. However, for the reason that the Tribunal is not in place, the application seeking interim relief filed by the petitioner has not been considered. The petitioner prays for grant of interim relief by way of the present writ petition. Learned counsel appearing for respondent nos. 1, 2 and 4 contends that the respondent no. 1 is at an advance stage of finalization of the constitution of the Tribunal and reasonably expect the same to be in place on or before 31st March, 2010. The record laid before us shows that the petitioner became a member of the respondent no. 3 Cooperative Group Housing Society in the year 1988 on payment of a sum of Rs.110/-. It is an admitted position before us that the petitioner has not paid a single penny towards allotment of any flats which the respondent no. 2 was to construct. The petitioner also admits that construction of the flats has been completed. It, therefore, cannot be contended that the petitioner was not aware of the fact that construction was underway.

(2.) An oral submission is made that the petitioner was approaching the respondent no. 3 for information with regard to payments, if any, which he is required to make. However, not a single communication has been placed before us as having been ever sent to the respondent no. 3 in this behalf.

(3.) Prima facie, it appears that the petitioner woke up only after the Central Bureau of Investigation started investigation into the management of the respondent no.3 on account of the intervention of this court which was looking into the functioning of cooperative societies. The petitioner has placed before us copies of summons dated 9th October, 2006 and 11th October, 2007 received by him under section 160 of the CrPC from the Central Bureau of Investigation. No steps at all were taken by the petitioner even then to assert his legal rights, if any.