- (1.) Delay Condonation Application For the reasons stated in the affidavit, filed in support of Delay Condonation Application, as the same constitutes sufficient cause for condoning the delay in filing Special Appeal, the Delay Condonation Application is allowed. Special Appeal is treated to have been filed well within time.
(2.) Ref: Special Appeal Resident Welfare Association, Four Storey HIG/MIG Flat, Sector 99, Noida, District Gautam Budh Nagar through its Secretary Anil C. Joshi and another are before this Court assailing the validity of the order dated 11.5.2015 passed by the learned Single Judge in Writ Petition No. 26943 of 2015 ( Resident Welfare Association and another Vs. State of U.P. & 2 Others) wherein the learned Single Judge has proceeded to dismiss the writ petition in question, affirming the order passed by the Deputy Registrar, Firms, Societies and Chits dated 21.4.2015 declaring the registration of petitioner appellants' association namely Resident Welfare Association, Four Storey HIG/MIG Flat, Sector 99, Noida, District Gautam Budh Nagar being contrary to law and proceeding to register Apartment Owners Association, Four Storey HIG/MIG Flat, Sector 99, Noida, District Gautam Budh Nagar.
(3.) Writ Petition No. 4320 of 2016 has been filed assailing the validity of the registration certificate dated 21.4.2015 of Apartment Owners Association, Four Storey HIG/MIG Flat, Sector 99, Noida, District Gautam Budh Nagar. On 31.3.2016 in Writ Petition No. 4320 of 2016 following order has been passed; "The petitioner is aggrieved by the registration of the society respondent No.4. The submission of Sri C.L. Pandey, Senior Counsel, assisted by Ms. Ananya Pandey, appearing for the petitioner is that the petitioner society is having its prior registration and that for the same purpose and object another society cannot be registered in view of Section 3(2) of the Societies Registration Act, 1860 (hereinafter referred to as the Act). Sri Gajendra Singh, learned counsel has put in appearance on behalf of respondent No.4 and filed counter affidavit. His submission is that the registration of the petitioner has already been cancelled and as such the argument raised on its behalf has no legs to stand. It appears that the petitioner had earlier filed a writ petition No.26943 of 2015 challenging the order dated 25.04.2015 by which the Deputy Registrar has held that the petitioner has acted illegally in getting the society registered under the Act instead of U.P. Apartment Act, 2010. The aforesaid writ petition was dismissed and the order dated 21.04.2015 was maintained. The petitioner has filed a Special Appeal Defective No.35 of 2016 against it. The further submission of Sri Pandey is that in the earlier writ petition the order dated 21.04.2015 was challenged. The said order was not an order cancelling the registration of the petitioner but the judgement and order of this court dated 11.04.2015 dismissing the above referred writ petition incorrectly records that it was the order cancelling the registration of the petitioner. In view of above, it is considered appropriate that this writ petition may be tagged with the Special Appeal and list along with it if possible in the week commencing 11.04.2016. In the meantime, counsel for the petitioner may file rejoinder affidavit to the counter affidavit filed by the respondent. ";