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2016 DIGILAW 1419 (ALL)

Sri Shashi Kant Saxena 6534(M/S)2015 v. Dy. Registrar of Firms Societies & Chits, Lko. Mandal

2016-04-18

ASHOK PAL SINGH, NARAYAN SHUKLA

body2016
JUDGMENT Objection filed by the respondents is taken on record. 2. Heard Mr. S.K.Saxena, petitioner in person, as well as Mr. Anurag Vikram, learned counsel for the respondents. 3. Learned counsel for the respondents has raised a preliminary objection against the maintainability of the appeal on the ground that learned Single Judge had passed an order with the consent of appellant/petitioner, therefore, there is no need to interfere with the order impugned. 4. In reply, the appellant has submitted that indisputedly, he had given his consent to pass the order on the application for modification to modify the order by permitting the society to incur necessary expenditure, but, he had never intended to permit the society to incur any other expenditure for providing common amenities to the residents as has been observed by learned Single Judge in the order. The necessities for which the society is to incur expenditures and liabilities have been discussed specifically in para no. 3 of the order passed by learned Single Judge in Writ Petition No. 6534 (M/S) of 2015, Shashi Kant Saxena Versus Dy. Registrar of Firms Societies & Chits, Lucknow Mandal & Ors, which is extracted below : - "An application has been moved on behalf of respondent no.2 for modification of the said order stating therein that the cap put by the order dated 22.12.2015 in relation to expenditure to be incurred by the Society is causing a lot of difficulty to the residents as the Society has not been able to clear the bills of security personnels and annual maintenance contract amount for running the lifts. The Society has also not been able to clear the electricity dues for the electricity connection which is used for running two tubewells, two pumps and seven lifts. There are certain other essential expenditures which are to be incurred by the Society for providing common amenities to all the residents of the apartment." 5. It has been submitted that there may not be any other need in welfare of the residents of the society to meet out any other expenditure by the society through its own sources. 6. There are certain other essential expenditures which are to be incurred by the Society for providing common amenities to all the residents of the apartment." 5. It has been submitted that there may not be any other need in welfare of the residents of the society to meet out any other expenditure by the society through its own sources. 6. Since, the needs of the residents of the society have been specified in the aforesaid paragraph, in the interest of the society, we feel it appropriate to confine the society to incur essential expenditure only for providing common amenities to the residents of the society as has been specified in the paragraph no. 3 (quoted above) of the order passed by learned Single Judge. The order dated 23rd February, 2016 passed in Writ Petition No. 6534(M/S) of 2015 is modified accordingly. 7. Let the record of Writ Petition No. 6534(M/S) of 2015 be listed before Hon'ble Single Judge in the next week itself for expeditious disposal. 8. With the aforesaid observations, the special appeal stands disposed of finally.