Allowed

M/S Sarvottam Realcon Pvt. Ltd. v. the Registration Cooperative Societies and Another

Allahabad HC3 Mar 2020WRIC/6032/2020

Case brief

AI extract

What is this about?

The petitioner challenged an order cancelling an MOU passed without a hearing. The Court set aside the impugned order and directed the authority to pass orders after affording the petitioner an opportunity of hearing and filing written objections within specified timelines, while maintaining status quo.

What did the court decide?

Impugned order dated 16.01.2020 set aside. Authority directed to pass orders after hearing and written objection. Hearing fixed for 19.03.2020.

M/S Sarvottam Realcon Pvt. Ltd. Vs the Registration… — Cooperative Societies | Allahabad HC (2020)

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Court No. - 35

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Case :- WRIT - C No. - 6032 of 2020

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Petitioner :- M/S Sarvottam Realcon Pvt Ltd Respondent :- The Registration Cooperative Societies And Another Counsel for Petitioner :- Balwant Singh,Amit Saxena (Senior Adv.) Counsel for Respondent :- C.S.C.,Sunil Kumar Misra

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Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Amit Saxena, learned Senior Counsel assisted by Sri Balwant Singh, learned Counsel for the petitioner and Sri Sunil Kumar Mishra, learned Counsel for the respondents.

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This petition has been filed by the petitioner being aggrieved by an order passed by the Commissioner/Additional Registrar of the co-operative societies on 16.01.2020.

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It is the contention of the petitioner that the order impugned has been passed without giving to the petitioner an opportunity of hearing. By virtue of this order the MOU signed between the petitioner and the respondent has been cancelled.

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In the short counter affidavit filed by the respondents it has come on record that the petitioner gave no reply, on the other hand the petitioner states that he did give a reply of the notice, which was issued to him on 09.12.2019.

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Without going into the merits of the issue, we direct the respondent-authority to pass orders in accordance with law after giving to the petitioner an opportunity of hearing and an opportunity of filing a written objection. The petitioner may file a written objection within a period of one week from today and the written objection may be decided within next one week i.e. by the 20.03.2020.

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To obviate any difficulty about the date of hearing, we fix a date of hearing before the authority concerned on 19.03.2020. Since the date is being fixed in the presence of both the parties, nobody will be given an adjournment unnecessarily

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and the orders may be passed by the authority concerned on that date. The impugned order dated 16.01.2020 is set-aside.

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The petitioner gives an undertaking that he will maintain status-quo as of now till that date.

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With the aforesaid observations, the writ petition stands disposed of. No costs.

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Copy of this order may be sent to the respondents through their counsel for communication and compliance.

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Order Date :- 3.3.2020 S.P.

M/S Sarvottam Realcon Pvt. Ltd. v. the Registration Cooperative Societies and Another

Case brief

What is this about?

What did the court decide?

M/S Sarvottam Realcon Pvt. Ltd. v. the Registration Cooperative Societies and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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