Sunil Kumar Jhunjhunwala and Others v. State of U.P. Thru. Secy. Deptt. Institutional Finance Civilsectt. Lko. and Others

Court No. - 1 Case :- SPECIAL APPEAL No. - 520 of 2023 Appellant :- Sunil Kumar Jhunjhunwala And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Institutional Finance Civilsectt. Lko. And Others Counsel for Appellant :- Vivek Kumar,Apoorva Tewari Counsel for Respondent :- C.S.C.,Raj Kumar Singh,Rajesh Kumar Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Shri Apoorva Tewari, learned counsel for the appellants, learned Standing Counsel representing the State-respondents and Shri Raj Kumar Singh along with Shri Rajesh Kumar Singh, learned counsel appearing on behalf of respondents no.3 and 4 respectively.

¶2Having heard learned counsel for the parties at some length, parties have conceded that the matter may be remitted back to the Registrar/Deputy Registrar, Firms, Societies and Chits, Ayodhya Region, Ayodhya for consideration of the objections which shall be raised by the appellants against the order impugned dated 26.08.2023 and the controversy be taken to its logical conclusion.

¶3Leaving the question open as to whether an appeal would lie arising out of the cause under section 4-A read with Rule 12 of the Societies Registration Rules, 1976, we deem it appropriate to dispose of the present special appeal by permitting the appellants to file objections within a fortnight from today. In case any such objections are filed, the same shall be considered and decided in accordance with the pre-amended bye laws. The amendment made, if any, shall also be decided by taking into consideration the objections permitted to be filed which the parties have conceded to.

¶4Ordered accordingly.

¶5The impugned order is accordingly set aside as well as the order dated 26.08.2023 passed by the Deputy Registrar, Firms, Societies and Chits, Ayodhya Region, Ayodhya.

¶6The parties shall appear and cooperate in the proceedings before the Deputy Registrar failing which the benefit of this order shall not be available and the writ Court order shall be treated as final on the legality of order dated 26.08.2023. Order Date :- 16.11.2023 akhilesh/ High Court of Judicature at Allahabad, Lucknow Bench