Delhi High Court - Orders
Hua Seng Chew vs Registrar Of Societies And Firms New ... on 5 April, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:06.04.2021 12:02:38
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8604/2020 & CM APPLs. 27725/2020, 12619/2021
HUA SENG CHEW ..... Petitioner
Through: Mr. Pritha Srikumar & Ms. Vasudha
Sharma, Advocates.
versus
REGISTRAR OF SOCIETIES AND FIRMS NEW DELHI
DISTRICT ..... Respondent
Through: Ms. Shobhana Takiar, ASC.
Ms. Bani Dakshit, Advocate for
applicant in CM APPL.12619/2021.
Mr. Prashant Rana, Advcoate.
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.04.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing).
CM APPL.12619/2021 (u/O I Rule 2 CPC)
2. This is an application for impleadment. Ld. counsel for the Petitioner shall file a reply to this application within four weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
3. List on 29th July, 2021.
W.P.(C) 8604/2020 & CM APPL.27725/2020 (for stay)
4. Ms. Shobhana Takiar, ld. Counsel appearing for the Respondent submits that she has filed the counter affidavit. However, the same is not on record. Let the same be brought on record. Rejoinder thereto, if any, be filed within six weeks thereafter.
5. In terms of the previous order dated 2nd February, 2021, an affidavit was to be filed by Mr. Ravinder Pal Singh Bhatia, who is the signatory to the Digitally Signed By:DINESH SINGH NAYAL Signing Date:06.04.2021 12:02:38 impugned letter dated 1st December, 2016. However, the said affidavit has not been filed. Order dated 2nd February, 2021 shall be complied with within two weeks, failing which, the personal presence of Mr. Ravinder Pal Singh Bhatia is directed for the next date.
6. Ld. counsel for the Applicant, who seeks impleadment, submits that her client agrees not to use the impugned letter dated 1st December, 2016 against the Petitioner, however, operation of the impugned letter may not be stayed.
7. A perusal of the impugned letter shows that it has purportedly been issued by the Registrar of Society and Firms, however, it is nothing but a reproduction of the complaints which contain allegations. There are certain observations made at the end of the letter, however, the basis of those observations is not clear. The power of the Registrar of Society and firms, to make observations relating to the FDI guidelines is also suspect. The same has also been issued without affording a hearing to the Petitioner. Further, the grievance of the Petitioner is that the said letter is being used in various proceedings. The power of the Registrar of Societies to pass such an order is under challenge in this writ petition. Prima facie the issuance of such a letter which is in the form of an order, by the Registrar can have grave consequences for the Petitioner against whom complaints were made. The merits of the complaint have not been gone into and no hearing has been given to the Petitioner. Accordingly, the impugned letter dated 1st December 2016, shall remain stayed till the next date.
8. List on 29th July, 2021.
PRATHIBA M. SINGH, J.
APRIL 5, 2021/dk/T