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2009 (2) TMI 893 - SC - Indian LawsDisqualification of Membership under Rule 25 of the Delhi Co-operative Societies Rule, 1973 - `deemed' - without availing the statutory remedies available under the Act and the Rules, the respondent No. 2 filed a writ petition - Allotment of plot or in alternative to refund money paid - respondent No. 2 submitted that she has been fighting a battle for getting her legitimate right and after having accepted the prayer for transfer, the Society cannot turn around and take a stand that since Anoop Singh was disqualified, the order of the High Court is indefensible - HELD THAT:- We find that before the High Court there was no appearance on behalf of the present appellant. For the purpose of the present case Sub-rule (2) of Rule 25 is of paramount importance. There is a deemed disqualification. The effect of it has not been examined by the High Court. "The word `deemed' is used a great deal in modern legislation. Sometimes it is used to impose for the purposes of a statute an artificial construction of a word or phrase that would not otherwise prevail. Sometimes it is used to put beyond doubt a particular construction that might otherwise be uncertain. Sometimes it is used to give a comprehensive description that includes what is obvious, what is uncertain and what is, in the ordinary sense, impossible." "Deems" means "is of opinion" or "considers" or "decides" and there is no implication of steps to be taken before the opinion is formed or the decision is taken. Ld Counsel for the appellant is right that normally when a statutory remedy is available, the same should be availed. In the instant case that aspect has also not been examined by the High Court. We are therefore of the considered opinion that the writ petition needs to be heard by the High Court afresh to be decided keeping in view the applicable legal provision. Since no counter affidavit had been filed by the present appellant before the High Court we permit it to do so within a period of one month. Till the disposal of the writ petition by the High Court afresh, no third party rights in respect of the plot which is stated to have been allotted to respondent No. 2 shall be created by the appellant. The appeal is allowed.
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