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2025 DAILYLAW 134927 (ALL)

DEVENDRA MOHAN SEROGLOU AND ANOTHER v. DEPUTY REGISTRAR FIRMS SOCIETIES/CHITS LKO. AND 6 OTHERS

WRIC/3772/2025 · 2025-04-30

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24672 Court No. - 8 Case :- WRIT - C No. - 3772 of 2025 Petitioner :- Devendra Mohan Seroglou and another Respondent :- Deputy Registrar Firms Societies/Chits Lko. and 6 others Counsel for Petitioner :- Pankaj Gupta Counsel for Respondent :- Ambrish Singh Yadav, Ashish Sharma, C.S.C., Hari Prasad Gupta, Hari Ram Gupta, Praveen Kumar Yadav Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of Chief Standing Counsel. Shri Gaurav Mehrotra, learned counsel has put in appearance on behalf of the respondent No.5 and also filed his Vakalatnama, which is taken on record. Shri Hari Ram Gupta, learned counsel has also put in appearance on behalf of respondent No.4 and Shri Praveen Kumar Yadav, learned counsel appearing for the respondent No.7. The learned counsel for the private-respondents collectively have raised a preliminary objection with regard to maintainability of the instant petition on the premise that the order which has been passed is in the nature of powers envisaged with the Deputy Registrar in terms of Section 4 of the Societies Registration Act, 1860 (for short, 'the Act of 1860') and vide amendment and insertion of Section 4(1-A) of the Act of 1860 against which an appeal is maintainable before the Commissioner. It has further been urged that the nature of disputes which has been raised is settled before the appellate forum, however, in light of the statutory remedy, the writ petition may not be maintainable. Shri Pankaj Gupta, learned counsel for the petitioners, after arguing at some length, submits that he may be permitted to withdraw the petition with liberty to avail the appropriate remedy as available to the petitioners in law. In view of the aforesaid, the petition is dismissed as withdrawn with liberty as aforesaid. Order Date :- 30.4.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench