Suresh Kumar Rathee v. The Registrar Co Operative Group Housing Societies Parliament Street Delhi & Anr.

1. On the last date of hearing, this Court had passed the following order:

1. We have heard Mr. Akshay Chandra, learned counsel for the petitioner and Mr. Anupam Srivastava, learned ASC appearing for the RCS.

2. Issue notice to the respondent Nos.[2] and 4, returnable on May 16, 2023.

3. An issue arose whether the impugned order in the writ petition, i.e., the speaking order passed by the learned RCS dated January 17, 2023 can be challenged before the learned Financial Commissioner, Mr. Akshay Chandra and Mr. Neutral Citation Number: 2023: DHC:3401-DB W.P.(C) 4310/2023 Anupam Srivastava states, that they may be granted some time to examine this issue.

4. At their request, re-notify on May 16, 2023.

5. Mr. Anupam Srivastava has filed before the Court the list of

2. Mr. Anupam Srivastava, learned ASC appearing for the RCS would submit that in terms of the judgment rendered by this Court in Jain Cooperative Bank Ltd. vs. Puneet Jain & Ors., W.P.(C) 1588/2022, in the absence of a remedy of appeal under the DCS Act, appropriate for the petitioner is to file a revision petition under Section 116 of the Act.

3. On the submission of Mr. Srivastava, Mr. Akshay Chandra, learned counsel for the petitioner states he shall withdraw this petition to enable the petitioner file a revision petition alongwith an application for the interim relief before the Financial Commissioner under Section 116 of the DCS Act.

4. On the petitioner filing a revision petition alongwith the application, the same shall be considered by the revisional authority in accordance with law.

5. All the pleas of the parties are left open to be urged before the Financial Commissioner.

6. With the above, the Writ Petition and the applications are dismissed as withdrawn.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J. MAY 16, 2023