Wed. Apr 21st, 2021

Pankaj Roy Wadhwa And Ors vs Registrar Cooperavtive Socities … on 31 May, 2017

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1. The present petition has been filed by four petitioners, who claim to
be members of the respondent No.4/Sarai Sidhu Ilaqa Co-operative Group
Housing Society Ltd. praying inter alia for issuing directions for refund of a
sum of Rs.32,18,767.50 with interest, that the respondent No.3/DDA had
forfeited on cancelling the allotment of a parcel of land made in favour of
the Society, vide letter dated 28.02.1994. Pertinently, at that time, the
respondent No.3/DDA had refunded a sum of Rs.31,76,414.50 paise to the
respondent No.4/Society.
2. Vide order dated 29.01.2003 passed by the respondent No.1/RCS, the
Society was directed to refund the amounts deposited by the members with
interest at the prevailing rate after proper verification of the members. It is

WP(C) 5133/2017 Page 1 of 5
claimed by Mr. Wadhwa, learned counsel for the petitioners that though the
respondent No.4/Society had filed a writ petition in this Court, registered as
W.P.(C) 614/1995, challenging the action of the respondent No.3/DDA of
forfeiting the earnest money of Rs.32,18,767.50 paise and the said petition
was admitted for regular hearing on 12.10.1995, the same was not
prosecuted effectively by the Society. As a result, the petition was dismissed
on 11.10.2005. Subsequently, on a restoration application being filed by the
Society, the said petition was restored to its original position vide order
dated 21.11.2005 and yet again, as none had appeared on behalf of the
Society, it was ultimately dismissed for non-prosecution on 04.02.2009.

Source: Indian Kanoon

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