- (1.) Petitioner has approached this Court questioning the validity of the order dated 20.3.2006 passed by Respondent No. 3 in Suit No. 28-E of 2004, Sri Adarsh Sahkari Grth Nirman Samiti Ltd. Varanasi and Anr. v. Smt. Urmila Rai with all its consequential effects and to allow the petition of the Petitioners filed before Respondent No. 3 and the order of its affirmance in Appeal dated 5.3.2009.
(2.) Brief background of the case is that Sri Adarsh Sahkari Grih Nirman Samiti Ltd. Mahamanapuri Colony Post Office Banaras Hindu University Varanasi is a body which is registered under the provisions of the U.P. Co-operative Societies Act, 1965 and Petitioner No. 2 was the duly elected President of the Society. Petitioners claim that tenure of the Managing Committee of the society had already run out and in spite of best efforts being made elections of the Managing Committee of the society had not at all been held. Petitioner claims that affairs of the society was being run by Managing Committee of the society out and various members of the Society indulged in the illegal activities as such resolution was passed for initiating proceedings as such suit No. 28-E of 2004, Sri Adarsh Sahkari Grih Nirman Samiti Ltd. Varanasi v. Smt. Urmila Rai was filed against Respondent No. 5 as Arbitration case under Section 70 of the Act. Petitioners have stated that thereafter pleadings were exchanged and ultimately matter was dismissed on the ground that proceedings are not competent and maintainable at the behest of Petitioner. Petitioners have stated that thereafter Appeal had been filed and said Appeal had also been dismissed. At this juncture present writ petition in question has been filed.
(3.) Pleadings inter se parties have been exchanged, present writ petition has been taken up with the consent of the parties for final hearing and disposal.;