Allowed

Ramesh Chander and Ors. v. Addl. Registrar (Credit) Coop. and Ors.

Punjab & Haryana HC4 Feb 2008CWP/1571/2008

Case brief

AI extract

What is this about?

This court quashed an order vacating an interim stay on the removal of a cooperative board. The stay, granted while an appeal was pending, was allowed to continue until the appellate authority heard both parties and decided the appeal within a week.

What did the court decide?

Quashment of order (Annexure P/5) vacating the stay; continuation of interim stay granted earlier; direction to appellate authority to decide appeal within one week.

Ramesh Chander and Ors. Vs Addl. Registrar… — Cooperative Societies | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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Civil Writ Petition No.1571 of 2008 Date of Decision: 4.2.2008

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Ramesh Chander and others

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Petitioners

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Versus

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Additional Registrar (G) Cooperative Societies, Punjab and others

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Respondents

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CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Shri M.S.Bedi, Advocate for the petitioners

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Jasbir Singh, J. (Oral)

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Notice of motion.

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Shri A.S.Khaira, Advocate accepts notice on behalf of

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respondent No.4.

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Counsel for the parties heard.

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Vide order (Annexure P/2) dated 17.12.2007, Board of Directors of respondent No.4 was removed and an Administrator was appointed to run the affairs of respondent No.4. The petitioners, who are members of the Board, went in appeal against order, referred to above and vide order dated 9.1.2008, the appellate authority granted interim stay in their favour by staying operation of that order. Appeal is now pending for hearing on 20.2.2008. In the meantime, respondent No.3, who was appointed as an Administrator of respondent No.4, filed an application for

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Civil Writ Petition No.1571 of 2008

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vacation of stay and vide order (Annexure P/5) dated 23.1.2008, interim stay order was vacated by the appellate authority.

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We are of the opinion that the order passed is not justified in view of the fact that appeal is pending for hearing on 20.2.2008 and the same could have been disposed of by hearing both the parties, instead of vacating the stay order. An elected board of directors has been ordered to be removed vide order Annexure P/2. The petitioners have raised many questions with regard to passing of the order (Annexure P/2), which need detailed determination by the appellate authority.

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In view of facts of this case, we dispose of this writ petition, quash order (Annexure P/5) and allow the stay order to continue as granted by the appellate authority vide order dated 9.1.2008 (Annexure P/3) till disposal of the appeal. Appellate authority is directed to decide appeal may be on 20.2.2008 or within a week thereafter.

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(Jasbir Singh) Judge February 04, 2008 (Jaswant Singh) gk Judge

Ramesh Chander and Ors. v. Addl. Registrar (Credit) Coop. and Ors.

Case brief

What is this about?

What did the court decide?

Ramesh Chander and Ors. v. Addl. Registrar (Credit) Coop. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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