Federation of Co-operative Group Housing Society Ltd. and anr. Vs. Union of India (Uoi) - Court Judgment

SooperKanoon Citationsooperkanoon.com/687167
SubjectTrusts and Societies
CourtDelhi High Court
Decided OnJan-08-2003
Case NumberC.W. Nos. 1651, 4143 and 4209/1997 and 3430 and 5683/98
Judge Vijender Jain and; B.N. Chaturvedi, JJ.
Reported in2003(67)DRJ497
ActsDelhi Co-operative Societies Rules, 1973 - Rules 34A and 36A
AppellantFederation of Co-operative Group Housing Society Ltd. and anr.
RespondentUnion of India (Uoi)
Appellant Advocate Rakesh Munjal, Sr. Adv. and Sandeep Sethi, Adv
Respondent Advocate V. Shankra and ; Pushpa Singh, Advs.
Excerpt:
delhi co-operative societies rules, 1973 - rule 34a (amended)--membership--clarification--person in order to become member of the co-operative society must be eligible to become a member in terms of the by-laws of that particular society, rule 36a (amended)--levy of interest--clarification--levy of interest in case of non-payment by members of their dues and rate of interest of be charged shall also be looked into and necessary clarification and guidelines shall be issued so as to create balance for the societies who are taking loan and the rate of interest paid by the society and the interest to be charged by the society from the members who are making payment belatedly. - 1. these writ petitions can be disposed of in view of the statement made by shri narain diwarkar, registrar of cooperative societies. it has been contended by him that a comprehensive bill which will replace the present delhi cooperative societies act, 1972 is likely to come into force within a period of four to six months. the draft bill will be submitted for the consideration of the cabinet of the delhi government shortly. with regard to the challenge to the amended rule 34a. mr. diwarkar states that necessary clarification shall be made and it shall be provided that a person in order to become member of the cooperative society must be eligible to become a member in terms of the by-laws of that particular society.2. mr. diwarkar has further stated that the hardship on account of amendment of rule 36 a with regard to the levy of interest in case of non-payment by the members of their dues and the rate of interest of be charged shall also be looked into and necessary clarification and guidelines shall be issued so as to create balance for the societies who are taking loan and the rate of interest paid by the society and the interest to be charged by the society from the members who are making payment belatedly, necessary clarification in this regard shall also be issued. in view of the statement of the registrar of cooperative societies no further orders are required to be passed in the writ petition.3. the writ petition is disposed of in terms thereof.4. when the notice was issued in the writ petition, the enforceability of amended rule 34a was stayed by this court, that shall operate till the clarification is issued by the registrar of cooperative societies in terms of above orders.
Judgment:

1. These writ petitions can be disposed of in view of the statement made by Shri Narain Diwarkar, Registrar of Cooperative Societies. It has been contended by him that a comprehensive Bill which will replace the present Delhi Cooperative Societies Act, 1972 is likely to come into force within a period of four to six months. The draft Bill will be submitted for the consideration of the Cabinet of the Delhi Government shortly. With regard to the challenge to the amended Rule 34A. Mr. Diwarkar states that necessary clarification shall be made and it shall be provided that a person in order to become member of the Cooperative Society must be eligible to become a member in terms of the by-laws of that particular society.

2. Mr. Diwarkar has further stated that the hardship on account of amendment of Rule 36 A with regard to the levy of interest in case of non-payment by the members of their dues and the rate of interest of be charged shall also be looked into and necessary clarification and guidelines shall be issued so as to create balance for the societies who are taking loan and the rate of interest paid by the society and the interest to be charged by the society from the members who are making payment belatedly, necessary clarification in this regard shall also be issued. In view of the statement of the Registrar of Cooperative Societies no further orders are required to be passed in the writ petition.

3. The writ petition is disposed of in terms thereof.

4. When the notice was issued in the writ petition, the enforceability of amended Rule 34A was stayed by this Court, that shall operate till the clarification is issued by the Registrar of Cooperative Societies in terms of above orders.