Delhi High Court - Orders
Jain Co-Operative Bank Ltd vs Puneet Jain & Ors on 15 March, 2022
Author: Mukta Gupta
Bench: Mukta Gupta, Neena Bansal Krishna
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1588/2022
CM APPL.4528/2022 (for stay)
JAIN CO-OPERATIVE BANK LTD ..... Petitioner
Represented by: Mr. Abhinav Sharma,
Advocate.
versus
PUNEET JAIN & ORS. ..... Respondent
Represented by: Mr. Bharat Gupta, Advocate for
Mr. Shadan Farasat, ASC for
GNCTD/ R-2 & R-3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 15.03.2022 CM APPL.4529/2022 (exemption) CM APPL.4530/2022 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
W.P.(C) 1588/2022 CM APPL.4528/2022 (for stay)
1. Aggrieved by the order dated 1st October, 2021 passed by the Financial Commissioner holding that the appeal lies against the order in Execution proceedings under Section 112(1)(k) of the Delhi Co- operative Societies Act, 2003 (in short, 'the Act') and Revision would not lie before the learned Financial Commissioner, the petitioner prefers the present petition.
2. According to the learned counsel for the petitioner Section 71 of the Act provides for the manner of reference of disputes to Arbitration Signature Not Verified Signed By:JUSTICE MUKTA GUPTA W.P.(C) 1588/2022 Page 1 of 2 Signing Date:16.03.2022 18:15:40 and Section 112(1)(k) provides that the order passed under Section 71 of the Act will be an appealable order.
3. Learned counsel for the petitioner submits that the order impugned before the learned Financial Commissioner was not an order during the proceedings in Arbitration whether interim or final Award, but an order passed in Execution Petition which will not fall within the ambit of Section 71 of the Act and hence appealable under Section 112 (1)(k) of the Act.
4. Notice.
5. Learned counsel for the respondent Nos.2 and 3 accepts notice.
6. Notice be issued to the respondent No.1 on the petitioner taking steps through Email, SMS, Whatsapp, speed post and courier, returnable before this Court on 11th May, 2022.
7. Since the issue involved in the present writ petition are legal, parties will file their written submissions along with the judgments relied upon by them before the next date of hearing.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NEENA BANSAL KRISHNA, J.
MARCH 15, 2022 vk Signature Not Verified Signed By:JUSTICE MUKTA GUPTA W.P.(C) 1588/2022 Page 2 of 2 Signing Date:16.03.2022 18:15:40