Mohit Kumar & Anr v. Office of the Insurance Ombudsman & Ors

W.P.(C) 8007/2023 * IN THE HIGH COURT OF DELHI AT NEW DELHI %

Date of Decision: July 04, 2023 + W.P.(C) 8007/2023, CM APPL. 30834/2023

SHRI RAKESH YADAV

..... Petitioner

Through: Mr. R.S. Tomar, Advocate.

versus

REGISTRAR CO-OPERATIVE SOCIETIES & ORS.

..... Respondents Through: Mr. Udit Malik, ASC, GNCTD with Mr. Vishal Chanda, Adv. for R-1. Mr. Suresh Sharma, Adv. for R-2.

Mr. S.K. Kaushik, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)

¶1The petition has been filed with the following prayers:

"(a) Pass appropriate order/writ/direction in the nature of certiorari or of like nature thereby quashing impugned order dated

08.09.2022 passed by the Ld. Financial Commissioner in Revision Petition No.337 of 2018 as well as order dated 18.06.2018 passed by the R.C.S. (Respondent No.1), in the interest of justice and equity;

(b) Pass appropriate order/writ/direction directing the Respondent No.2 to allot the flat No.B-802 against Membership No.1 06 in Respondent No.2 Society to the petitioner and not to Respondent No.3 who was holding benami membership on behalf of petitioner.

W.P.(C) 8007/2023 c) Pass any other and further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of petitioner and against the respondent."

¶2The learned counsel for the petitioner concedes to the fact that the petitioner herein has filed a review petition seeking review of order dated September 08, 2022 passed by the learned Financial Commissioner in Revision Petition 347/2018.

¶3The learned counsel for the parties states that the date of hearing in the review petition, before the Financial Commissioner, is August 04, 2023. They all say that the review petition shall be argued by them on August 04, 2023. In other words, they shall not take any adjournment in the proceedings before the learned Financial Commissioner. If that be so it is directed that the learned Financial Commissioner shall hear the counsel for the parties on August 04, 2023 and decide the review petition as expeditiously as possible within one week thereafter. Till such time, the order dated June 01, 2023 passed by this Court shall continue.

¶4The Writ Petition is disposed of.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J. JULY 04, 2023/akc