MOHD ALI SHAH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PETITIONER by this petition seeks a writ of certiorari for quashing of the impugned order dated 15. 3. 1996 by which the appeal preferred by the petitioner against the order of expulsion from membership of the society approved by the Registrar of Cooperative Societies by order dated 30. 7. 1993 was dismissed. The Financial Commissioner by the impugned order dated 15. 3. 1996 dismissed the appeal holding the same being barred by limitation and there being no ground for condoning the delay.

(2.) WE may notice some of the dates which would be relevant for the purposes of considering the submissions made before us urging that the Financial Commissioner should have condoned the delay in filing of the appeal and not dismissed the same as barred by limitation and in the interest of justice, the appeal should have been disposed of on merits.

(3.) PETITIONER was a member of the respondent No. 3 i. e. The City cooperative Group Housing Society Limited which has undertaken the construction of flats at Vasundara Enclave, Delhi-110091. As is usual in the case of cooperative societies, there were a number of members who had defaulted in the payment of their dues. The cooperative society, of necessity, requires the finances for timely construction to fight escalation in costs and, hence, there are provisions in the "act" and "rules" for expulsion of the defaulting members after giving them sufficient opportunity to make good the default. In the present case also, the society held a General Body Meeting on 16. 05. 1993 to take stock of the situation and in particular the defaulting members who had been earlier issued two reminders to clear their dues. The defaulting members were called to appear before the General Body to explain their case within 30 days. The General Body decided unanimously to expel 25 out of 26 members whose cases were placed before it. Petitioner happened to be one of the 25 members whose expulsion was recommended by the General Body.