FEDERATION OF ALL INDIA PETROLEUM TRADERS & ANR Vs. COMMISSIONER, GARHWAL DIVISION, PAURI
LAWS(UTN)-2013-12-85
HIGH COURT OF UTTARAKHAND
Decided on December 09,2013

Federation Of All India Petroleum Traders And Anr Appellant
VERSUS
Commissioner, Garhwal Division, Pauri Respondents

JUDGEMENT

- (1.) The petitioners have challenged primarily the registration of respondent no. 2/Society which was registered under the Societies Registration Act. There are claims and counter claims by the respective parties over the name i.e. "the Federation of All India Petroleum Traders" whereas petitioner no. 1 was registered as a Company under the Companies Act, 1913 and thereafter, it was deregistered. Subsequently, respondent no. 2 got itself registered as a Society with the name of "Federation of All India Petroleum Traders." The petitioners moved a complaint/objection before the Deputy Registrar (Societies), Uttarakhand, Dehradun that this registration was obtained by respondent no. 2 by concealment of the material facts and it amounts to registration by way of fraud. The registration of the respondent no. 2 as a Society was hence cancelled. Respondent no. 2, thereafter filed a statutory appeal before the Divisional Commissioner, Garhwal. The Divisional Commissioner, without hearing the parties stayed the order of the Deputy Registrar (Societies) although petitioners have filed a caveat.
(2.) Aggrieved by the said order of the Divisional Commissioner, petitioners filed writ petition against the order of the Divisional Commissioner which was stayed by the learned Single Judge vide order dated 12.08.2013.
(3.) Counter affidavit has been filed. However, since the statutory appeal is already pending before the Divisional Commissioner, Garhwal it would be befitting that the matter be heard by the appellate authority. Consequently, the writ petition is disposed of with the direction that the Divisional Commissioner, Garhwal shall decide the matter in accordance with law as expeditiously as possible but definitely within a period of 8 weeks from the date of production of certified copy of this order.;


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