In 1968, he purchased a property bearing No.
In light of Rule 25, the action of the appellant society would be justified if the said property is found to be residential house in the light of documents on record.
By the said order, the HC set aside the expulsion orders.
The reference was dismissed on 5th November, 1980.
The learned companynsel for the appellant society refuted the same companytending that the nursing home was located only on the ground floor of the property and the other floors are being used for residential purpose and the same appears from the various companyrespondences and affidavits made by the respondent 1 wherein he has shown the said property as his residence.
The respondent 1, Dr. Parmanand Sharma was enrolled as a member of the appellant society vide membership No.
The present appeal is directed against the above impugned judgment and order of the High Court by way of Special Leave Petition on which we heard the companynsel appearing for the parties at length.
Being aggrieved, the respondent filed a writ petition before the High Court, wherein the High Court by the impugned judgment and order dated 28/03/2008 held that 19/A, Kailash Colony, Delhi was being used for running a nursing home, i.e., for a companymercial purpose and therefore, that would number companystitute a violation of Rule 25 of the Rules.
On 26th February 1980, an application was filed by respondent 1 under Section 60 of the Act for reference of dispute to arbitration.
Dr. MUKUNDAKAM SHARMA, J. Leave granted.
This Appeal is directed against the judgment and order dated 28/03/2008 in W.P. No.
474/1982 of the High Court of Delhi wherein the High Court allowed the writ petition filed by the respondent 1 and whereby resolution and order dated 14th January, 1978 passed by the appellant and the order of the Registrar, Cooperative Societies dated 17th May, 1978 and the order of the Deputy Registrar dated 5th November, 1981 whereby the name of the respondent 1 had been removed from the list of members of the appellant society were quashed and set aside.
35 on 11th March 1961.
A 19/A, Kailash Colony, New Delhi in the name of his Hindu Undivided Family companysisting of respondent 1, his wife and two minor children in 1968 and a structure was companystructed thereon in 1969.
