refunded back by the Petitioner-Society. The impugned Order records that Respondent No.4 had orally informed the Assistant Registrar that the said amount has not been refunded back by the Society. However, it is required to be noted that two cheques dated 07.06.2022 were earlier issued by the Petitioner-Society in favour of Respondent No.4 amounting to Rs.2,00,000/- and Rs.1,75,000/- i. e. aggregate amount of Rs. 3,75,000/-. However, the said cheques were not encashed by the Respondent No. 4 and thereafter the Petitioner refunded the said amount of Rs.3,75,000/- to the Respondent No.4 on 15.11.2022 via NEFT. The impugned Order of the Assistant Registrar was passed on 04.10.2022. As the amount was refunded, it is not necessary to decide the aspect whether the said amount of Rs.3,75,000/- was paid by Respondent No.4 as a voluntary donation towards repairs of the society building or as donation for transfer of shares. In any case, the factual position on record shows that the Share Certificate was transferred on 05.11.2016 by the Petitioner-Society in favour of Respondent No.4 and the said donation was made after about three months i. e. on 05.02.2017. Therefore, the same cannot be termed as “transfer fees” or donation for transfer of shares. In any case, it is required to be noted that the Respondent No. 4 has filed a complaint after a period of more than four years and nine months i.e. on 09.11.2021 and the said amount has been refunded by the PetitionerSociety to the Respondent No.4 on 15.11.2022.
