MILAN VIHAR CGHS LIMITED Vs. KOKA JANARDHAN KUMAR

JUDGEMENT

(1.) Through this writ petition the petitioner society has sought quashing of orders dated 8.2.2001, 18.1.2001 and 24.7.2000 passed by R-4, R-2 and R-3 respectively.

(2.) Short dispute raised before the Registrar Co-operative Societies under section 60 of The Delhi Co-operate Societies Rules, 1973 (hereinafter referred to as the Rules) by R-1 was whether he continued to be the member of the society after having resigned from membership on 11.2.1994 which was duly accepted by the Managing Committee on 10.12.1994 because of his having withdrawn the resignation vide application dated 5.4.1995 addressed to the President of the Society. However, the dispute raised by R-1 was found to be the one covered under Section 60 of the Delhi Co-op. Societies Act and was referred to arbitration under Section 61 of the Act vide order dated 18.1.2001.

(3.) The grievance of the petitioner-society was that the Joint Registrar passed the order dated 18.1.2001 without issuing any notice to the petitioner-society and, therefore, the said order has been passed in violation of the principles of natural justice and further the order also suffered from the vice that no findings as contemplated under Rule 88(4) of Rules were given by R-2 and the undertaking given by R-3 before the High Court was also not honoured.