JAIN CO-OPERATIVE BANK LTD. Vs. PUNEET JAIN

JUDGEMENT

(1.) Writ petition has been preferred by the petitioner assailing the impugned order dated October 01, 2021 passed by the Financial Commissioner, Delhi whereby the Revision Petition filed on behalf of the petitioner bank under Sec. 116 of the Delhi Cooperative Societies Act, 2003 (herein referred to as "the Act ") challenging an order dated July 02, 2021 passed under Sec. 105 of the Act in Execution Case No.158/2019- 20, was held to be non-maintainable on the ground that there is a provision of appeal provided under Sec. 112 (1)(k) of the Act.

(2.) The factual matrix falls in a narrow encompass.

(3.) Learned counsel for the petitioner submits that the Financial Commissioner erred in holding that provision of appeal has been provided under Sec. 112(1)(k) of the Act against the order dated July 02, 2021 passed by Assistant Collector under Sec. 105 of the Act. It was urged that no such provision for appeal is provided under Sec. 112 of the Act and the only remedy available to the petitioner was to approach the Financial Commissioner by way of "Revision Petition" under Sec. 116 of the Act. Further, the proceedings could not have been preferred in appeal before the Tribunal under Sec. 114 of the Act. Reliance was further placed upon "L.K. Bahl vs. Lt. Governor of Delhi and Ors.", 45 (1991) DLT 573.