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IN The High Court of Delhi New Delhi C.W. 1366/86
M/s. Grid Engg. V/s. The Registrar Cooperative Societies14.8. 1986
Present.: Mr. AB. Dial, Counsel for petitioner
Mr. Maheshwar Dayal, Counsel for respondent
Mr. Amit Khemka, Counsel For R-2C.M. 1822/86
We have heard this petition after notice to show cause was issued Learned counsel; for the respondent has pointed out that the petition is by a third person and it is Registrar who has to control the affairs and Business of the Cooperative Society The direction to appoint an Expert Committee which should go into the defects n the Flats constructed by the Cooperative Group Housing Society was taken after a preliminary enquiry was held.
We feel that if a Group Housing Society constructs a building which is defective it was the duty of the Registrar to ascertain the cause for this.
The petition seems to be based on the theory that it is an adversary action and therefore the directive substantively effects the interest of the petitioner. We do not think so. This is only an enquiry to determine the cause why the Building or Flats are defective. It will give the material or evidence on the basis of which future actions may be taken either by the Registrar Cooperative Societies or the Society itself We find that the present writ is not maintainable. The enquiry is the internal matter conceming the Cooperative Society and the petitioner has no locus standing to challenge this. In any event, we do not agree with the petitioner that the order s outside the scope of Rule 77 of the Delhi Cooperative Societies Rules, 1973. The directive concerns the business of the society. The business of such a society is the construction of flats or buildings for its members. The writ petition is therefore dismissed in limine.
Dalip K. Kapur
14 August, 1986
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