Nav Jagriti Cooperative Group Housing Society v. Naipal Singh & Anr

;/ $ —16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 105/2009 & CM No.10841/2009 NAVJAGRITICOOP.GROUPHOUSINGSOCIETY Appellant Through; Mr. R.N. Bhardwaj, Adv. versus NAIPAL SINGH & ANR. Respondent Through: Respondent No.l in person CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR O R D E R1240 %

09.11.2011 Learned counsel for the parties state that the Registrar of Cooperative Societies had appointed an Administratorvide order dated 5..5.2009 and the Administrator took over the affairs of the Managing Committeeof the petitionersocietyon 9.9.2011 and the appointmentof the said Administratoris now underchallengebefore the Financial Commissioner. Counsel further submits that vide order dated 22.9.2011, the order of the Registrar Cooperative Societies, dated 5.9.2011, has been stayed by the Financial Commissioner. In the present Regular Second Appeal filed by the appellant, challengehas been laid to the order dated 17.4.2009passed by the First Appellate Court who set aside the order of the learned Trial Courtand remanded the matter back to the Trial Court to decide the suit filed by the respondent on its merits. The controversy in the present matter had arisen as a suit for permanent injunction, which was later amended to seek an additional relief of declaration, was preferred by the respondent who was a member of the petitioner society to seek a restraint order against the appellant from holding any AGBM on 3.12.2006 on Item Nos.l to 10 of the Agenda which involved major policy and financial matters of the Society. The respondent also sought a decree for permanent injunction to restrain the appellant to hold any AGBM after 3.4.2006 also till the matter in dispute remains sub judice before the Financial Commissioner. In the said suit, an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 was preferred by the appellant to seek rejection of the said plaint filed by the respondent on the premise that the suit is not maintainable due to the lack of jurisdiction of the Civil Court in view of the bar created under Sections 70, 129 and 132 of the Delhi Cooperative Societies Act, 2003 (DCS Act for short). The said apphcation moved by the appellant was dismissed by the learned Trial Court. Feeling aggrieved by the said order, the respondent had preferred an appeal and in the said appeal, the learned First Appellate Court set aside the order passed by the learned Trial Court and remanded the matter back for decision in the said suit on its merits. The said order of the First Appellate Court is V now under challenge by the petitioner society. Now, since during the pendency of the Regular First Appeal the Registrar of Cooperative Societies had appointed an Administrator to take over the charge of the said Society vide order 5.11.2011 and the said order for appointment of the Administratoris now under challenge before the Financial Commissioner, in which proceedings the Financial Commissionerhas stayed the operation of the order passed by the Registrar of Cooperative Societies. This Court is of the view that the suit filed by the respondent has practically become infructuous as the entire controversy now is before the Financial Commissioner. In light of the said developments, the present appeal now cannot sustain. Parties are relegated to the said forum created under the DCS Act for the redressal of their grievances. KAILASm3AMBHIR,J NOVEMBER 09, 2011 tp