2025:HHC:28638 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 163 of 2025 Decided on : 25.08.2025 The BBN Tankers Co-operative Transport Society Ltd. …Petitioner Versus Sunil Kumar and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Anirudh Sharma, Advocate. For the respondents : Mr. Loveneesh Kanwar, Senior Advocate, with Mr. Tarun Garla, Advocate, for respondent No.1. Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “It is, therefore, very humbly prayed that the present petition may kindly be allowed and the impugned order dated 27.11.2024 passed by Ld. Assistant Registrar Cooperative Society Solan, H.P on application filed under Section 5 of Limitation Act may kindly be set-aside and to dismiss the claim 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28638 of the respondent No.1 in the interest of justice. ” 2. The petitioner has challenged order dated 27.11.2024, passed by learned Assistant Registrar, Co- operative Societies, Solan, H.P., in terms whereof, in an Appeal preferred by the private respondents, under Section 93 of the H.P. Co-operative Societies Act, 1968, the Authority has directed the respondent to offer membership of the petitioner- Society to the said respondent and also to award work to the private respondent, who has purchased a tanker. 3. Brief facts necessary for the adjudication of this petition are that the private respondent filed an application requesting for membership of the petitioner-Society. As the petitioner-Society did not enroll him a member, he filed a Civil Suit and the matter was comprised before the learned Lok Adalat and in terms of the compromise, the respondent was allowed to ply the tanker after obtaining membership. It appears that as needful was not done by the Society, the private respondent approached Assistant Registrar, Co-operative Societies, Solan, H.P, requesting for the compliance of the orders passed by the learned Civil Court, Nalagarh. 3 2025:HHC:28638 4. In terms of Annexure P-2, dated 24.04.2024, Assistant Registrar directed the Society to grant membership to the petitioner within a period of seven days from the receipt of the documents from the private respondent. Now incidentally, this order passed by the Assistant Registrar, Co-operative Societies, Solan, was not assailed by the petitioner-Society. However, feeling aggrieved by the fact that the order passed by Assistant Registrar was not being complied with by the Society, the private respondent preferred an Appeal, which in terms of Annexure P-3, i.e., the impugned order, has been disposed of by the Appellate Authority by reiterating the decision of Assistant Registrar. 5. It is a matter of record that the initial order passed by Assistant Registrar, dated 24.04.2024, which subsequently was upheld by the Appellate Authority, till date has not been assailed by the petitioner. In fact, there is no challenge thereto even in this petition. 6. In the backdrop of this, when the matter was listed before this Court on 29.07.2025, the following order was passed:- 4 2025:HHC:28638 “Heard for some time. List on 11.08.2025. In the meanwhile, respondent No. 1 shall visit the office of the petitioner-Society alongwith complete documents as agreed in the Court.” 7. Thereafter on 11.08.2025, the following order was passed:- “Learned Senior Counsel appearing for respondent No.1 submitted that respondent has submitted his documents to the petitioner/ Society. Learned Counsel for the petitioner apprises the Court that the documents shall be placed before the General House which is scheduled for 19.08.2025. He prays that the matter be taken up thereafter. As prayed for, list on 25.08.2025.” 8. When the matter was listed today, learned counsel for the petitioner informed that though there was no consensus in the General House, however, it was observed that the General House shall abide by the order passed by the Court. 9. Having heard learned counsel for the parties and taking into consideration the fact that as it is not the case of the respondents that the private respondent is not fulfilling the eligibility criteria for being offered the membership of the petitioner-Society, this Court is of the considered view that 5 2025:HHC:28638 denial thereof to the private respondent is not sustainable in the peculiar facts of the case. 10. Further, as far as the impugned order is concerned, no infirmity therein could be pointed out by the learned counsel for the petitioner during the hearing of this petition. Therefore, as the impugned order does not suffers from any infirmity for the reason that it only upholds the earlier order passed by the Assistant Registrar, Co-operative Societies, Solon, dated 24.04.2024, which has not been assailed by the petitioner- Society, this petition is dismissed and the petitioner-Society is called upon to comply with the directions, as have been passed by Assistant Registrar, Co-operative Society, Solon, as upheld by the Appellate Authority and offer membership of the Society to the private respondent. 11. The petition is disposed of in above-said terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 25, 2025 (Shivank Thakur)