MS. RAJ BALA MUDGAL & OTHERS Vs. WAZIR HASSAN & ANOTHER
HIGH COURT OF UTTARAKHAND
Ms. Raj Bala Mudgal And Others
Wazir Hassan And Another
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Servesh Kumar Gupta, J. -
(1.) This judgment will adjudicate both the above titled petitions as the duo entails the same controversy between the same parties.
(2.) Petitioners have challenged two different orders of cognizance dated 1.3.2006 and 29.3.2006 passed in Complaint Case No. 249/2006 and Complaint Case No. 422/2006 respectively filed by Wazir Hassan, Contractor, in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar. Order of cognizance dated 1.3.2006 has been challenged in Petition No. 307/2006, while and another order of cognizance dated 29.3.2006 has been challenged in Petition No. 308/2006.
(3.) The facts are that Wazir Hassan some time acted for Delhi Advertising Cooperative Group Housing Society Limited (for short, Society) having its office at Mayur Vihar, Phase I Extension, Delhi. This company was engaged in the business of purchasing the land or taking the same on lease at various places making its development for various purposes and constructing the flats thereupon. This company has its different office bearers from time to time. Since 7.3.2003 to 26.8.2005, the office bearers of the society changed two times, but its Secretary Mahesh Belwal remained the same both times. However, on 26.8.2005 and onwards, the office bearers changed altogether and one Mr. Anil Gosain succeeded in the office as Secretary instead of Mahesh Belwal.;
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