The Water and Power Engineers CGHS Ltd. v. Registrar, Cooperative Societies & Anr

1. Theorderdated26^'^October, 2016 reads "It is submitted by learned counselfor the petitioner that the Management Committee of the Cooperative Society has already issued directions and accepted Dr Ashok Kumar Chaudhary as a member. He submits that there was confusion on, interpretation of the relevant provisions. He assures and affirms that Dr. Ashok Kumar Chaudharywouldbe treated as an hon'ble member ofthe CooperativeSociety and all benefits andprivileges would be extended to him. Dr. Ashok Kumar Chaudhary is present inperson in the Court and states that a cheque of Rs.5,000/- towards membership fee has already been encashed by the Cooperative Society as per the statement 2016:DHC:8863-DB ofaccount available with him. The other question which requires consideration is whether theorder appointing theAdministratorpassed by the Registrar, Cooperative Societies should be recalled. Administrator was appointed as the Management Committee had failed to induct Dr.Ashok Kumar Chaudhary as a member. Learned counsel appearing for the Registrar, Cooperative Societies prays for some time to obtain instructions. The Registrar, Cooperative Societies will also produce the original file pertaining to appointment of the Administrator in the Court on the next date of hearing. Relist on 23.11.2016. Till the next date of hearing, there shall be stay on the operation ofthe order appointing the Administrator. Copy ofthis order will be given dasti under the signature ofthe Court Master to counselfor the parties. "

2. Respondent No.2, A.K. Chaudhary, is present in person along with his counsel and states that he has been given membership of the petitioner-Society. He further states that now he has no grievance.

3. Learned counsel for the respondent/Registrar Cooperative Society states that he has not got any instructions but he has got the original file with him.

4. The original file indicates that the administrator was appointed in view of non-compliance of the directions of the Registrar, Cooperative Societies and failure to grant membership to the second respondent. The said directions have been complied with. In the meanwhile, after elections, a fresh Management Committee has taken over. In these circumstances, appointment of the Administrator is not required or necessary.

5. In view of the aforesaid and statements made by the petitioner and the second respondent, the writ petition is disposed of with the direction that the administrator would not take over the charge and the order appointing the administrator dated 9.9.2014 would be treated as cancelled and shall not be enforced.

SANJIV KHANNA, J. CHANDEk SHEKHAR, J. NOVEMBER 23, 2016 'AA'.