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2025 DAILYLAW 29448 (ALL)

A.V.J. HEIGHTSS APARTMENT OWNERS ASSOCIATION AND ANOTHER v. DEPUTY REGISTRAR (FIRMS AND SOCIETIES AND CHITS) GHAZIABAD AND 2 OTHERS

WRIC/7548/2025 · 2025-04-07

Saral Srivastava

body2025

Judgment text

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Court No. - 32 Case :- WRIT - C No. - 7548 of 2025 Petitioner :- A.V.J. Heightss Apartment Owners Association And Another Respondent :- Deputy Registrar (Firms And Societies And Chits) Ghaziabad And 2 Others Counsel for Petitioner :- Adarsh Bhushan,Gautam Baghel Counsel for Respondent :- Rajesh Kumar Shukla,C.S.C. Hon'ble Saral Srivastava,J. Order on Civil Misc. Impleadment Application No.2 of 2025 The present impleadment application has been filed by the applicants/respondents for impleadment of (i) Rajeev Kumar Rajpoot, S/o Mahipal Singh, R/o K-1406 AVJ Heights Quarter, Noida, Gautam Buddha Nagar, (2) Ashish Parashar, S/o R.C. Sharma, R/o J-1004, AVJ Heights Quarter, Noida, Gautam Buddha Nagar, (3) Devendra Kumar, S/o Kripa Ram Chaudhary, R/o C- 602, AVJ Heights, Gautam Buddha Nagar, Noida & (4) Upendra Sharma, S/o Ramvir Sharma, R/o C-102, AVJ Heights Quarter, Noida, Gautam Buddha Nagar as respondents nos.4, 5, 6 & 7 in the array of parties . Accordingly, the impleadment application is allowed. Learned counsel for the petitioners is permitted to carry out necessary correction in the array of parties during the course of day. Order on writ petition 1. Heard Sri Adarsh Bhushan, learned counsel for the petitioner and Sri Gautam Baghel, learned counsel for the respondents. 2 The petitioner by means of the present writ petition has assailed the order dated 24.02.2025 passed by respondent no.1-Deputy Director, Firms, Societies and Chits, Ghaziabad, U.P. 3. The sole contention advanced by the learned counsel for the petitioner is that before passing the impugned order, no notice or opportunity of hearing was given to the petitioner. It is contended that had the petitioner been given opportunity of hearing by the Deputy Registrar, the petitioner would have demonstrated that the dispute is frivolous and the matter is not liable to be referred to the Prescribed Authority. 4. Sri Gautam Baghel, learned counsel for the respondents does not dispute the proposition of law and fairly submits that the impugned order may be set aside and the matter may be remitted to the Deputy Registrar to consider the objection of the respondents afresh in accordance with law. 5. In view of the submission advanced by the learned counsel for the respondents, the impugned order is set aside and the matter is remitted to the respondent no.1-Deputy Director, Firms, Societies and Chits, Ghaziabad to proceed and decide the dispute afresh strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties within a period of one month from the date of production of certified copy of this order. 6. Consequently, the writ petition is allowed Order Date :- 8.4.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad