Supreme Court - Daily Orders
Poornanand Saraswati Co-Operative ... vs Divisional Joint Registrar (Appeals ... on 19 September, 2016
Bench: Jagdish Singh Khehar, Arun Mishra
ITEM NO.44 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 26150/2016
(Arising out of impugned final judgment and order dated 14/06/2016
in WP No. 1875/2005 passed by the High Court of Judicature at
Bombay)
POORNANAND SARASWATI CO-OPERATIVE HOUSING SOCIETY LTD.Petitioner(s)
VERSUS
DIVISIONAL JOINT REGISTRAR (APPEALS )MUMBAI AND ORS Respondent(s)
(With appln. (s) for exemption from filing O.T.)
Date : 19/09/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA
For Petitioner(s) Mr. Shyam Divan,Sr.Adv.
Mr. Ranjit B.Raut,Adv.
Ms. Bina Gupta,Adv.
For Respondent(s) Mr. K.V.Vishwanathan,Sr.Adv.
Mr. Gaurav Juneja,Adv.
Mr. Aakash Bajaj,Adv.
Mr. Sahil Narang,Adv.
For M/s. Khaitan & Co.,Advs.
UPON hearing the counsel the Court made the following
O R D E R
We find no justification whatsoever to interfere with the impugned order, in exercise of our jurisdiction under Article 136 of the Constitution of India. Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2016.09.19 17:56:20 IST Reason: 1 Despite the above, respondent Nos.3 and 4 are present in Court in person. They have made a statement before us, that they would abide by the offer made before the High Court, namely, to unconditionally withdraw the civil and criminal cases instituted by them against the petitioner or members of its Managing Committee. We take on record the aforesaid statement made by the above respondents. The aforesaid statement be complied with, within two weeks.
In addition to the above, respondent Nos. 3 and 4 voluntarily undertake to deposit Rs.1 lakh (Rupees one lakh) with the Society, as a gesture of goodwill, which may be used for the welfare of the Society, as may be considered appropriate by the Managing Committee. The above amount, as undertaken, shall also be deposited by respondent Nos. 3 and 4 with the Society, within two weeks.
In view of the statement made by respondent Nos. 3 and 4, learned counsel representing the petitioner Society, having obtained instructions from the Chairman of the petitioner-Society, who is present in Court in person states, that respondent Nos. 3 and 4 will be granted membership of the Society within two months. Needless to mention, that the membership of respondent Nos. 3 and 4 will be determined, taking into consideration the date when the application for such membership was made, namely, 5th August, 2004. 2 The Chairman of the petitioner-Society also states that the petitioner-Society shall not prevent respondent Nos. 3 and 4, from taking their cars within the compound of the premises of the Society, for embarking and disembarking, as is permitted to other members of the Society.
Disposed of in the above terms.
(Anita Malhotra) (Renuka Sadana)
Court Master Assistant Registrar
3