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Sainik CHBS elections stayed
3/15/2007 10:52:13 PM
Jammu, March 15
Justice Nirmal Singh of J &K High Court Jammu wing in a contempt petition filed by Col KS Padwal, stayed the order passed by Registrar Co-operative Societies J&K in respect of election to Sainik Cooperative Housing Building Society (CHBS) and directed him to remain present in the Court on the next date of hearing and also file statement of facts.
Justice Nirmal Singh after hearing Advocate Veenu Gupta appearing for the petitioner and Deputy Advocate General appearing for the respondents observed that on March 9, 2007, the Court directed respondent to file statement of facts before the next date of hearing and also to appear in person. Neither the respondent has filed statement of facts and nor has appeared in person. However, knowing fully well that interim order has been passed in the petition, the respondent has dared to pass another order dated December 9, 2006 which has been placed on record in the contempt petition.
Advocate Veenu Gupta appearing for the petitioner stated that respondent by passing the aforesaid order has violated the order passed by this Court in the writ petition.
Deputy AG Vinod Bakshi appearing for the respondent said that due to closure of road of Srinagar-Jammu highway, the respondent could not appear in the Court. He further made a statement that order has been passed by the respondent in pursuance to the directions given by the Division Bench in LPA on December 2005. Upon this Justice Nirmal Singh further observed that after perusing the order passed by the Division Bench in the aforesaid appeal, the LPA Bench has not stayed the order passed by the writ Court and has only directed the Registrar Cooperative Societies to consider the objections filed by the Sainik Cooperative Society. In view of this, order passed by the respondent/contemnor on December 9, 2006 shall remain stayed till further orders.

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