The petitioner has sought the quashing of the order dated 25th August, 2009 passed by the Deputy Registrar, Firms, Societies and Chits (hereinafter referred to as the 'Deputy Registrar') by which he has rejected the objections filed by the petitioner under Section 12-D of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') for cancelling the registration of the Society on the ground that it had been obtained by fraud or misrepresentation.
Sri Vivek Mishra, learned counsel appearing for the petitioner has raised a number of submissions against the impugned order but it is pointed out by Sri Anil Kumar Sharma, learned counsel appearing for the respondents that against the order passed under Section 12-D(1)(c) of the Act an appeal lies to the Commissioner of the Division under Sub-section 2 of Section 12-D.
It is not disputed by Sri Mishra learned counsel appearing for the petitioner that an appeal can be filed under Section 12-D(1)(c) of the Act. In such circumstances, the Court declines to entertain this petition as the petitioner can file an appeal to the Commissioner of the Division under Section 12-D(2) of the Act.
Sri Mishra then submitted that he will file an appeal within a period of three weeks' from today but a direction may be issued to decide the appeal expeditiously.
The petition is, accordingly, dismissed on the ground of availability of statutory alternative remedy. It is, however, observed that in the event the petitioner files an appeal within a period of three weeks' from today, the same shall be disposed of expeditiously by the Appellate Authority after hearing the parties concerned.
Order Date :- 5.1.2010 NSC