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High Court of Punjab and Haryana · body

2025 DAILYLAW 67265 (PNJ)

SEWA CORPORATE PARK CONDOMINIUM ASSOCIATION v. DISTRICT REGISTRAR FIRMS AND SOCIETIES GURUGRAM AND OTHERS

CWP/16821/2025 · 2025-05-29

Kuldeep Tiwari

body2025

Judgment text

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CWP-16821 IN THE HIGH COURT OF PUNJAB AND HARYANA (163) Sewa Corporate Park Condominium District Registrar, Firm and Societies, CORAM: Present: KULDEEP TIWARI 1. Constitution of India, a 24.04.2025 (Annexure P Haryana (respondent No.2), as well as the proceedings arising therefrom. Challenge is also thrown to the order dated 23.05.2025 (Annexure P passed by the Registrar General, Firms and Societies, Haryana (respondent No.3), on an appeal petitioner. 2. by drawing an order dated 16.04.2025, in exercise of the powers vested in it, under Section 59(1) of the (HRRS) Act, 2012 the society, in question. 16821-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sewa Corporate Park Condominium Association Versus Registrar, Firm and Societies, Gurugram HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Arvind Seth, Advocate and Mr. Shubham Sharma, Advocate for the petitioner. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Article 226 Constitution of India, a challenge is thrown to 24.04.2025 (Annexure P-15), as issued by the State Haryana (respondent No.2), as well as the proceedings arising therefrom. Challenge is also thrown to the order dated 23.05.2025 (Annexure P passed by the Registrar General, Firms and Societies, Haryana ent No.3), on an appeal No.699 of 2025, being preferred by the Earlier, the District Registrar, Firms and Societies, Gurugram, by drawing an order dated 16.04.2025, in exercise of the powers vested in it, under Section 59(1) of the Haryana Registration and Regulations of Societies Act, 2012, has forwarded the issue of cancellat the society, in question. Further, the society was directed not to undertake 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16821-2025 Date of Decision : 29.05.2025 Association …Petitioner Gurugram and others ...Respondents KULDEEP TIWARI and Mr. Shubham Sharma, Advocate it petition, cast under Article 226 of the challenge is thrown to the show cause notice dated issued by the State Registrar of Societies, Haryana (respondent No.2), as well as the proceedings arising therefrom. Challenge is also thrown to the order dated 23.05.2025 (Annexure P-16), as passed by the Registrar General, Firms and Societies, Haryana No.699 of 2025, being preferred by the Earlier, the District Registrar, Firms and Societies, Gurugram, by drawing an order dated 16.04.2025, in exercise of the powers vested in it, a Registration and Regulations of Societies , has forwarded the issue of cancellation of registration of Further, the society was directed not to undertake of the dated Registrar of Societies, Haryana (respondent No.2), as well as the proceedings arising therefrom. 16), as passed by the Registrar General, Firms and Societies, Haryana No.699 of 2025, being preferred by the Earlier, the District Registrar, Firms and Societies, Gurugram, by drawing an order dated 16.04.2025, in exercise of the powers vested in it, a Registration and Regulations of Societies on of registration of Further, the society was directed not to undertake MANPREET SINGH 2025.05.30 14:25 I attest to the accuracy and authenticity of this order/judgment CWP-16821 any activity related to membership, finance or any other issue until the case is decided by the State Registrar of Societies, Haryana. the show cause notice dated 24.04.2025 (Annexure P Registrar of Societies 3. petitioner/Society, ha of the HRRS Act/Rules, 2012 District Registrar, Firms and So permission to review its order dated 16.04.2025 passed on patent factual errors. dated 19.05.2025, whereby, the permission for review has been the State Registrar of Societies, Haryana, proceedings under the impugned show cause notice. the petitioner has also fi Appellate Authority concerned, chose not to take any action that the order dated 16.04.2025, is already under review, the appeal was not adjudicated on merits. 4. learned counsel for the parties, and is of the considered opinion that petitioner instead of filing the instant motion, ought to have appeared before the learned State Regist supervening events State Registrar 5. petitioner, at this stage, is relegated to the learned State Registrar of Societies, 16821-2025 any activity related to membership, finance or any other issue until the case is decided by the State Registrar of Societies, Haryana. the show cause notice dated 24.04.2025 (Annexure P Registrar of Societies, Haryana. Learned counsel for the petitioner submitted that the petitioner/Society, had earlier filed a review application under Section of the HRRS Act/Rules, 2012, and the said District Registrar, Firms and Societies, Gurugram, has sought specific permission to review its order dated 16.04.2025 passed on patent factual errors. He further submitted that despite the order dated 19.05.2025, whereby, the permission for review has been the State Registrar of Societies, Haryana, proceedings under the impugned show cause notice. the petitioner has also filed an appeal, raising this plea before the learned Appellate Authority concerned. However, the learned Appellate Authority concerned, chose not to take any action thereupon, that the order dated 16.04.2025, is already under review, the appeal was not adjudicated on merits. This Court has considered the submissions, as made by the learned counsel for the parties, and is of the considered opinion that petitioner instead of filing the instant motion, ought to have appeared before the learned State Registrar concerned, and supervening events i.e. the order dated 19.05.2025, as passed by the learned State Registrar concerned. In view of the above facts and circumstances of the case, the petitioner, at this stage, is relegated to the learned State Registrar of Societies, 2 any activity related to membership, finance or any other issue until the case is decided by the State Registrar of Societies, Haryana. In pursuance thereof, the show cause notice dated 24.04.2025 (Annexure P-15), issued by the State Learned counsel for the petitioner submitted that the earlier filed a review application under Section 79(5) , and the said application was allowed, and the cieties, Gurugram, has sought specific permission to review its order dated 16.04.2025, as the said order was earlier He further submitted that despite the order dated 19.05.2025, whereby, the permission for review has been sought from the State Registrar of Societies, Haryana, who is still pursuing the proceedings under the impugned show cause notice. Finally, he submits that led an appeal, raising this plea before the learned . However, the learned Appellate Authority thereupon, and considering the fact that the order dated 16.04.2025, is already under review, the appeal was not red the submissions, as made by the learned counsel for the parties, and is of the considered opinion that the petitioner instead of filing the instant motion, ought to have appeared before concerned, and would have apprised about the i.e. the order dated 19.05.2025, as passed by the learned In view of the above facts and circumstances of the case, the petitioner, at this stage, is relegated to the learned State Registrar of Societies, any activity related to membership, finance or any other issue until the case is In pursuance thereof, 15), issued by the State Learned counsel for the petitioner submitted that the 79(5) application was allowed, and the cieties, Gurugram, has sought specific , as the said order was earlier He further submitted that despite the order sought from who is still pursuing the Finally, he submits that led an appeal, raising this plea before the learned . However, the learned Appellate Authority and considering the fact that the order dated 16.04.2025, is already under review, the appeal was not red the submissions, as made by the the petitioner instead of filing the instant motion, ought to have appeared before about the i.e. the order dated 19.05.2025, as passed by the learned In view of the above facts and circumstances of the case, the petitioner, at this stage, is relegated to the learned State Registrar of Societies, MANPREET SINGH 2025.05.30 14:25 I attest to the accuracy and authenticity of this order/judgment CWP-16821 Haryana, to raise its grievance, which has been cast through the instant petition. 6. Societies, Haryana, within a period of 15 days, from the date of receipt of certified copy of this order, the latter, shall make an endevour to decide the same within two months, thereafter. 7. 8. learned State Registrar of Societies, Haryana, seeking any restrainment of coercive action, in pursuance to the show cause notice (supra). May 29, 2025 Manpreet 16821-2025 to raise its grievance, which has been cast through the instant In case, the petitioner approaches the learned State Registrar of Societies, Haryana, within a period of 15 days, from the date of receipt of certified copy of this order, the latter, shall make an endevour to decide the same within two months, thereafter. Consequently, the instant writ petition is The petitioner is at liberty to file an apt application before the learned State Registrar of Societies, Haryana, seeking any restrainment of coercive action, in pursuance to the show cause notice (supra). 2025 Whether speaking/reasoned Whether reportable 3 to raise its grievance, which has been cast through the instant ner approaches the learned State Registrar of Societies, Haryana, within a period of 15 days, from the date of receipt of certified copy of this order, the latter, shall make an endevour to decide the the instant writ petition is disposed of. The petitioner is at liberty to file an apt application before the learned State Registrar of Societies, Haryana, seeking any restrainment of coercive action, in pursuance to the show cause notice (supra). (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No to raise its grievance, which has been cast through the instant ner approaches the learned State Registrar of Societies, Haryana, within a period of 15 days, from the date of receipt of certified copy of this order, the latter, shall make an endevour to decide the The petitioner is at liberty to file an apt application before the learned State Registrar of Societies, Haryana, seeking any restrainment of MANPREET SINGH 2025.05.30 14:25 I attest to the accuracy and authenticity of this order/judgment