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RAGHUBANSH PANDEY & ANOTHER versus DY. REGISTRAR, FIRMS SOCIEITIES & CHITS HQ. & OTHERS

High Court of Judicature at Allahabad

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Raghubansh Pandey & Another v. Dy. Registrar, Firms Socieities & Chits Hq. & Others - SPECIAL APPEAL DEFECTIVE No. - 772 of 2007 [2007] RD-AH 15411 (12 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

CIVIL APPELLATE JURISDICTION

Special Appeal (Defective) No. 772 of 2007

Rabhubansh Pandey and another

vs.

Deputy Registrar, Firms, Societies and Chits, Head Quarter, Lucknow and others.

*****

Counsel for the appellants: Appellants in person

Counsel for the respondents: Mr. M.M. Sahai &

Standing Counsel

*****

Hon'ble H.L.Gokhale,CJ

Hon'ble Anjani Kumar,J

Date: September 12, 2007

(Oral Judgment (Per: H.L.Gokhale,CJ)

1. Heard the appellant in person.

2. The appellant is seeking to challenge the order dated 1.8.2007 passed by the learned Single Judge. The appellant had filed a writ petition wherein he had challenged the order of the Deputy Registrar finalizing the membership list of his Society registered under the Societies Registration Act, 1860.

3. The appellant has raised a dispute about the correctness of that list. The learned Single Judge has held that the prescribed authority may be approached under Section 25 (1) or the appellant may file a civil suit to determine the disputed questions of facts. The appellant pointed out that a Suit is already pending and during the pendency of that Suit, this determination has been done. It will be open for the appellant to move an appropriate injunction application for the purpose in pending Civil Suit. The disputed questions cannot be gone into the writ jurisdiction.

4. The appeal is dismissed.

Date:12.9.2007

RK/ (Anjani Kumar,J) (Chief Justice)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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