The High Court upheld the order dated 23.3.1993 passed by the Joint Registrar (II), Cooperative Societies, Delhi whereby the membership of late husband of the appellant no.1 was expelled.
Also Read: https://newslaw.in/case-type/criminal/disclosure-and-recovery-of-weapon-a-key-factor-in-conviction/
He further submitted that the notice issued by the society to late husband of appellant no.1 dated 9.2.1993 shows that he had already paid 1,40,500/- up to 31.1.1993 and in fact, there was nothing due.
From the material on record, it is evident that society had issued notice to the late husband of appellant no.1 on 4.11.1991 for expulsion of his membership on account of default in payment of dues of the society.
Late husband of appellant no.1 preferred appeal under Section 76 of the Delhi Cooperative Societies Act, 1972 challenging the order dated 23.3.1993 passed by the Joint Registrar (II), before the Financial Commissioner, Delhi, who dismissed the appeal vide order dated 15.12.1994. The learned Counsel also declined the offer given by this court to square up the dues by the appellant alongwith upto date interest within a reasonable period, for the same reason that the appellant is not accepting the cost of construction.
Also Read: https://newslaw.in/case-type/civil/moratorium-application-in-insolvency-case/
In view of these facts, there is no extenuating factor in favour of the appellant and I hold that the impugned order does not suffer from any infirmity.”
Still not satisfied, late husband of appellant no.1 filed a writ petition before the High Court of Delhi one year and ten months after passing of the order passed by the Financial Commissioner, Delhi.
Meaning thereby the default of late husband of appellant no.1 in payment of amount to the society goes unrebutted, on the basis of which the membership of late husband of appellant no.1 was expelled.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-juvenile-justice-act-and-incarceration-period/
For the reasons mentioned above, we do not find any error in the order passed by the High Court.
Case Title: GEETA Vs. FINANCIAL COMMNR.GOVT.OF NCT DELHI (2023 INSC 316)
Case Number: C.A. No.-001362-001362 / 2011
