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Judgment
THE appellant is Cooperative Group Housing Society. THE respondent is one of its members and paid Rs. 100/- as share money for membership. Every Cooperative Society is supposed to issue share certificate to its members symbolizing that the said person is a member of the Society and is entitled for allotment of a flat as and when constructed and made available for allotment.
ADMITTEDLY the respondent applied for membership of the Society in the year 1982 against share money paid by him on 1.5.1982. His request for issue of share certificate was not accepted for his failure to produce the income tax clearance-certificate. Vide impugned order dated 19.11.1997 appellant has been directed to issue share certificate within one month in terms of Rule 12(b) of the Bye-laws of the appellant-Society. The impugned order has been assailed through this appeal mainly on the premise that in the absence of any income tax clearance certificate, the respondent was not entitled to be issued share certificate.
In view of the amount of share money, there was no need for the appellant to insist for income tax clearance certificate. Even otherwise Rule 12(b) of Bye-laws of the appellant Society provides that share certificate shall be issued under the seal of the Society after full payment of the amount of share money signed by the President/Secretary/Member of the Society authorised for this purpose.
HOWEVER, during these proceedings, the appellant had issued a share certificate to the respondent and as such the appeal has otherwise become in fructuous though on merits, also it does not succeed. The same is dismissed. Fdr/Bank Guarantee, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt.
A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal dismissed.