In Chamber
Case :- WRIT - C No. - 32397 of 2017 Petitioner :- Khairabad Eye Hospital Society And 2 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Amit Singh,Shri Ashok Khare Counsel for Respondent :- C.S.C.,Ankush Tandon,Anoop Trivedi
Hon'ble Ram Surat Ram (Maurya),J.
Khairabad Eye Hospital Society was a registered society and governed by the provisions of Societies Registration Act 1860. On 24.9.2010, amendment in the Bye-Laws of the Society was made, by which the term relating to lifetime Director of Khairabad Eye Hospital Society was deleted. The amended provisions dated 24.9.2010 came into consideration before Deputy Registrar, Firms Societies and Chits, Kanpur, who by the order dated 1.7.2017, has disapproved the amended provisions. Order dated 1.7.2017, passed by Deputy Registrar, was challenged in in the present writ petition, i.e. Writ - C No. 32397 of 2017.
During pendency of the writ petition, the parties entered into a compromise, as such, a written compromise was filed by them on 2.8.2018, which was duly verified before Registrar (Listing) on 1.11.2018. According to the compromise, the dispute between two sets of parties has been settled and Khairabad Eye Hospital Society has been dissolved and dissolution has been approved by the General Body of the Society. According to the terms of the compromise, assets of the Society have been divided into two shares. Approval of the division has been granted, but Kanpur Development Authority required for compounding of certain constructions and sanction of map, for which, the parties are ready. If the amount relating to compounding is deposited, then it is expected that Kanpur Development Authority shall pass appropriate order in it.
Now the writ petition is decided in terms of compromise dated 2.8.2018, which shall form part of the order. The parties shall be open to run their hospitals in the portion allotted to them under the compromise from tomorrow, i.e. 21.12.2018.
In paragraph-5 of the compromise dated 2.8.2018, the property situated at Sitapur shall be divided between the parties in two halves, in which, half portion situated towards the western side, facing the main road, will fall in the share of Trust of Dr. Manish Mahendra and the remaining half portion shall fall in the share of Trust of Dr. Y.K. Mahendra.
Order Date :- 20.12.2018 Jaideep/-