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Topic : Order of Hon'ble Supreme Court in matter of Ashadeep CGHS

Dilip

Posts : 21

Order of Hon'ble Supreme Court in matter of Ashadeep CGHS
« Posted on : May 13, 2008, 7:26:47 AM »


Dear members, 

This is regarding a recent development in the Hon'ble Supreme Court, wherein the Hon'ble Supreme Court has disposed off the case of RCS & ANR. V/s ASHADEEP CGHS on 05.05.2008. A few member were of the impression that ASHADEEP CGHS has approached the Hon'ble Supreme Court.

We would like to clarify that ASHADEEP CGHS had not approached the Hon'ble Supreme Court. If you remember correctly, ASHADEEP CGHS had filed a Writ Petition in Hon’ble Delhi High Court in November, 2005 and this Writ Petition 21512/ 2005 was finally disposed of by  Hon'ble Delhi High Court on 05.10.2007 with a direction to allot the flats to its members before 31.12.2007 by way of issuance of "Writ of Mandamus" to RCS & DDA. When this Order was not complied with, the Petitioner Society (in this case ASHADEEP CGHS) had filed a contempt petition in Hon’ble Delhi High Court. Unfortunately, RCS office had filed an SLP (Special Leave Petition) in the Hon'ble Supreme Court against the order dated 05.10.2007 of Hon'ble Delhi High Court  on the plea that  “original documents are with the CBI & the society is under CBI investigation ……” .

We are happy  to inform all AOCAM Members that we have fought this case successfully at both courts under the astute leadership of Sh. DPS Rajesh, Secretary, ASHADEEP CGHS & Convener, AOCAM as we had fought in the case of Rajeev Mukhopadhaya Vs. RCS (Rule 24(2), WP No. 1403/ 2006) where we are also able to get membership of all members regularized, who had been enrolled in different societies of Delhi upto 02.07.2007 and got an order/ clairificatory order  from Hon'ble Delhi High Court on 02.07.2007/  02.04.2008 respectively to allot the flats to members within 6 weeks after written intimation from the society to RCS in this effect. Here, we  also want to mention that Rajeev Mukhopadhaya  is a member of  ASHADEEP CGHS and this case is fought under the banner of AOCAM. 

Coming back to the order of Hon'ble Supreme Court dated 05.05.2008 in matter of RCS & ANR Vs. ASHADEEP CGHS, the apex court headed by a Bench of Justice Altamas Kabir &  Justice H. S. Bedi has disposed of the appeals of RCS with a direction to the CBI to hand over the original documents of the Society to RCS office within one month & RCS/ DDA office are directed to implement the direction contained in the impunged order of Hon'ble Delhi High Court dated 05.10.2007 within 3 months thereafter. We are waiting for the certified copy of the Hon'ble Supreme Court  dated 05.05.2008.

For more details and to discuss the future course of action, please feel free to join a meeting on  every SUNDAY at 4 p.m at ASHADEEP CGHS, Plot No. 3B, Sector-2, Dwarka , New Delhi - 110075 ( this is also AOCAM's Head Quarter).  

With regards, 

the AOCAM TEAM


KEWAL

Posts : 3
Order of Hon'ble Supreme Court in matter of Ashadeep CGHS
« Reply # 1 on : Jul 7, 2008, 2:10:11 AM »

Dear Dilip,

What is  allotment status of your society ? Has CBI returned all original papers of your society to RCS ?

Are you confidant that RCS will comply this apex court order in given time frame? High court order is not

implemented even after one year although it was to be implemented within six weeks.   

Rgds,

K.S.Rawat

 

 


Dilip

Posts : 21
Order of Hon'ble Supreme Court in matter of Ashadeep CGHS
« Reply # 2 on : Jul 29, 2008, 2:22:25 AM »

                          IN THE SUPREME COURT OF INDIA

                           CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NOs. 3332-3333 OF 2008
                        (Arising out of SLP(C) Nos.8471-8472 of 2008)


REGISTRAR,COOP.SOCIETIES & ANR.                        Petitioner(s)

             VERSUS

ASHA DEEP COOP.GROUP HOUS.SOC.LTD.& ANR.                       Respondent(s)


                                         ORDER

              Leave granted.

              These appeals have been preferred by the Registrar, Cooperative

      Societies(Southzone), Government of NCT of Delhi and the Government of

      NCT of Delhi against the judgement and order dated 5th October, 2007 in

      W.P.(C)No.21512 of 2005 and in C.M.No. 17227/07 in W.P.(C)   

       No.21512/2005 dated 10th December, 2007 passed by the High Court of     Delhi      at New Delhi.

              As will appear from the impugned order, the said writ petitions were

      disposed of by the Delhi High Court in the presence of the learned Standing

      Counsel for the CBI, Mr. Harish Gulati, and the directions which were given

      to the appellants herein were given in the presence of the said counsel for the

      CBI.

 

                                        -2-
       In these appeals, on behalf of the appellants, it has been submitted

that the directions given by the Delhi High Court cannot be implemented till

such time as the records which are lying with the CBI are forwarded to the

appellants for the purpose of implementing the directions of the High Court.

       Having regard to the above, we dispose of the appeals with a direction

upon the CBI to make available to the appellant Registrar of Cooperative

Societies the original records relating to the respondent No.1 society to enable

the appellants to implement the directions contained in the order of the High

Court dated 5th October, 2007. This order is being passed having regard to

the fact that the order of the Delhi High Court was passed in the presence of

the learned Standing Counsel for the CBI, Mr. Harish Gulati.

       The records should be made available to the appellant Registrar of

Cooperative Societies within a period of one month from the date of

communication of this order and the appellants are directed to implement

                                   -3-

the directions contained in the impugned order of the High Court within three

months thereafter.

 


                                                      ....................J.
                                               [ ALTAMAS KABIR ]
New Delhi,                                     ....................J
May 05, 2008                       [ HARJIT SINGH BEDI ]