Supreme Court - Daily Orders
Supreme Tower Apartment Owner ... vs The State Of Uttar Pradesh on 27 April, 2022
Bench: D.Y. Chandrachud, Bela M. Trivedi
1
ITEM NO.12 COURT NO.4 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s).979/2022
SUPREME TOWER APARTMENT OWNER ASSOCIATION Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and IA No.64083/2022-CLARIFICATION/DIRECTION)
Date : 27-04-2022 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Vikas Singh, Sr. Adv.
Mr. B.S. Rajesh Agrajit, Adv.
Mr. Pramod Kumar, Adv.
Mr. Neeraj Sharma, Adv.
Ms. Mukta Sharma, Adv.
Mr. Shyamal Kumar, AOR
For Respondent(s) Ms. Shashi Kiran, in-person
UPON hearing the counsel the Court made the following
O R D E R
1 A writ petition, being Writ-C 711 of 2022, has been instituted before the High Court of Judicature at Allahabad for the purpose of challenging an order of the Deputy Registrar, Firms, Societies and Chits, Meerut approving an election which was held on 3 October 2021. The writ petition is pending. The Court is informed that the hearing of the petition has been adjourned to the month of August 2022.
Signature Not Verified 2 Digitally signed by Sanjay Kumar We have heard Mr Vikas Singh, senior counsel appearing on behalf of the Date: 2022.04.27 17:05:30 IST Reason:
petitioner and Ms Shashi Kiran, who appears in person as an intervenor. 2 3 Since the dispute as regards the validity of the election arising in the context of the approval granted by the second respondent is pending before the High Court of Judicature at Allahabad, it would not be appropriate to transfer the writ petition before this Court. The proceeding which this Court is seized relates to the work of repair of the buildings of the cooperative society and, hence, is on a different issue.
4 From the record, it emerges that initially on 1 October 2021, a Single Judge of the High Court of Delhi had appointed a Court Commissioner to supervise the payments of bills for water, electricity, security and other essential services.
When the writ petition was filed before the High Court of Judicature at Allahabad, the arrangement which was made in the order of the High Court of Delhi was directed to continue by the Single Judge on 25 February 2022. However, by an order dated 30 March 2022, the writ petition before the High Court of Delhi was dismissed as not pressed in view of the petition before the High Court of Judicature at Allahabad, with the result that the appointment of the Commissioner has come to an end.
5 Mr Vikas Singh has expressed a serious apprehension that unless some interim arrangement is made, the payments for essential services would be affected. 6 This submission is seriously contested by Ms Shashi Kiran who submits that the elected body is capable of fulfilling its responsibilities. 7 At this stage, since the writ petition is pending before the High Court of Judicature at Allahabad, it is not appropriate for this Court to express any opinion on the rival contentions, save and except to observe that IA 10 of 2022 in Writ-C 711 of 2022, which has been filed for seeking interim reliefs, may be heard and disposed of by the High Court with all due expedition, preferably within a period of three weeks from the date of this order.
38 A copy of this order may be placed before the Registrar (Judicial) of the High Court who shall immediately place it before the Single Judge who is assigned with the jurisdiction so that a suitable date of listing of the IA may be given. 9 The Transfer Petition is accordingly disposed of. 10 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER