Delhi High Court - Orders
Alpana Banerjee vs Joseph Baxla on 1 March, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 898/2020 & CM APPL. 34830/2020
ALPANA BANERJEE ..... Petitioner
Through: Mr. Divyakant Lahoti and Ms.
Praveena Bisht, Advocates.
versus
JOSEPH BAXLA ..... Respondent
Through: Mr. Jawahar Raja, ASC(C), GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 01.03.2021 The hearing was conducted through video conferencing. 1 The petitioner purchased a flat No. 88 in Neel Kamal Cooperative Group Housing Society (NKCGHS). Both the NOCs issued to her by NKCGHS regarding the flat are annexed to the petition as Annexure CP-3. The petitioner is in peaceful possession of the property. 2 A Division Bench of this Court had remanded the case back to the Assistant Collector, Grade I to pass a detailed order after examination of the records and accounts. Instead of doing so, the said Assistant Collector, with DCHFC, has purportedly transferred the case to the Registrar Cooperative Societies (RCS).
3 The learned counsel for the petitioner submits that since the matter has already been remanded to a designated officer, the transfer by the said officer of the Delhi Cooperative Housing Finance Corporation Ltd. (DCHFC) is erroneous.
4 The case was being initially handled by Grade-I officer of DCHFC, who has since transferred the case to the RCS. The Court would note Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:02.03.2021 18:36:07 that the order of the Division Bench only directs that the matter be looked into by the Assistant Collector, Grade-I. The matter is under examination by the RCS and a letter has been issued on 02.12.2020. Let the proceedings be completed within four weeks. 5 The petitioner will be heard through counsel through video- conferencing, if so desired.
6 Albeit a legal notice was got issued on behalf of the petitioner to the officer who was earlier looking into the matter and articulates the petitioner's dismay apropos the examination of this case being suddenly transferred and/or changed from the DCHFC to the Office of the RCS, nevertheless, the petitioner is keen that the enquiry be completed as soon as possible. Therefore, the learned counsel for the petitioner would be happy to assist the RCS in the examination of the case.
7 In case an adverse order is passed against the petitioner, precipitate measures in terms thereof will not be initiated against her for four weeks from service of the said order upon her, thereby providing her an opportunity to pursue her remedies as may be available in law. 8 The petition, along with pending application, stands disposed-off in the above terms.
9 It will be open to the parties to approach the Court in case of difficulty.
10 The order be uploaded on the website forthwith.
NAJMI WAZIRI, J MARCH 01, 2021 RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:02.03.2021 18:36:07