Supreme Court - Daily Orders
L R Madan vs Registrar Coop. Societies on 8 December, 2014
Bench: Dipak Misra, Uday Umesh Lalit
ITEM NO.23 COURT NO.6 SECTION XIV
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)......CC No(s).
20151/2014
(Arising out of impugned final judgment and order dated 12/08/2014
in WPC No.4893/2013 passed by the High Court Of Delhi At N. Delhi)
L R MADAN AND ANR Petitioner(s)
VERSUS
REGISTRAR COOP. SOCIETIES AND ORS Respondent(s)
(with appln. (s) for c/delay in filing SLP)
Date : 08/12/2014 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. B. Upadhyay, Sr. Adv.
Mr. B.K. Shahi, Adv.
Mr. Sandeep Kumar, Adv.
Mr. Shekhar Kumar,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Upadhyay, learned senior counsel for the petitioner. On a perusal of the order passed by the High Court, it is crystal clear, it has only directed that till the apportionment of the liability of society to the DCHFC is not effected, there can be no coercive recovery of a demand which has been crystalized so far and the respondent before the High Court have been directed to proceed in the matter in terms of the order of the Finance Commissioner.
It is submitted by Mr. Upadhyay that though the Finance Signature Not Verified Commissioner had stayed the recovery proceedings, yet the recovery Digitally signed by officer has taken coercive measures to get him arrested and Gulshan Kumar Arora Date: 2014.12.16 17:53:45 IST property sealed.
Reason:
Regard being had to the aforesaid assertions made by Mr. Upadhyay, learned counsel for the petitioner, we grant him liberty to move the Finance Commissioner who shall see to it that the order passed by him is carried out in letter and spirit and any officer of the society does not take recourse to any measure to violate the order passed by him.
With the aforesaid observations, the special leave petition stands disposed of.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master