Decided on December 14,2007

Delhi School Teachers Co-Op House Building Society Ltd Appellant
P.R. Meena Respondents


- (1.) WE have heard learned counsel for the parties. The Registrar Cooperative Societies by his Orders dated 26.11.2007 has superseded the Managing Committee of the Delhi School Teachers' Co-operative House Building Society Ltd. and has appointed Shri P.R.Meena, Additional Director(Education), Directorate of Education, GNCT of Delhi as an Administrator. Mr.Rakesh Munjal, Learned Senior counsel for the Petitioner contends that the Petitioners were apprehending a supersession and for this reason had approached this Court by way of Writ Petition No.7421/2007 which was disposed of by Mukul Mudgal and Reva Khetrapal, J.J. by Orders dated 8.10.2007 directing inter alia that "in order to enable the Petitioner to avail of the said relief if an order adverse to the Petitioner is passed, such an order shall not be given effect to for two weeks from the date of service of such order on the Petitioner."
(2.) THE Order of the Registrar is dated 26.11.2007. Learned Senior Counsel for the Petitioner contends that Shri P.R.Meena has made an endeavour to implement the said Order on the very next day by attempting but without success to take over the management of the Society. It has also been brought to our notice that the Order dated 26.11.2007 was dispatched to the Petitioner after two days, i.e. one day after the attempt by Shri P.R.Meena to take over the Management of the Society. This is most unfortunate. Quasi judicial bodies should ensure that they cannot be seen to act in this manner calculated to defeat the rights of the litigants. The Petitioner approached the Financial Commissioner by way of an Appeal against the orders dated 26.11.2007. The Appeal alongwith a stay application came up for hearing on 7.12.2007. No Order has been passed by the Financial Commissioner on the stay application. Instead proceedings have simply been adjourned for hearing on stay to 18.12.2007. The contention of learned counsel for the Petitioner is that the next date has been fixed with a view that 15 days would have elapsed from the passing of the Order impugned in the Appeal thereby presenting a fait accompli to the Petitioner so far as the management of the Society is concerned.
(3.) WE are of the view that the Orders dated 8.10.2007 passed in W.P.(C) 7421/2007 cannot be defeated and rendered nugatory in this manner. Indubitably, it is within the discretion of the Financial Commissioner to decide whether to grant or decline a stay against the order impugned before him. Unfortunately this has not been done in the present case, leaving us with no alternative but to direct that till the expiry of seven days after the disposal of the stay application in case No.333/2007-CA by the Financial Commissioner, Delhi, by a speaking or reasoned Order, operation of the Order dated 26.11.2007 shall be held in abeyance.;

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