Delhi High Court
Girish Chandra Sirkeck vs Registrar Of Co-Operative ... on 18 September, 2017
$~14 to 16 (Common order)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2711/2013 & C.M. Nos.10310/2014, 40873/2016,
20450/2017
BISHAN SARUP AND ORS ..... Petitioners
Through: Mr. Rajesh Aggarwal, Advocate.
versus
REGISTRAR COOPERATIVE SOCIETIES & ORS
..... Respondents
Through: Mr. Anuj Aggarwal, ASC, GNCTD with
Mr. Shryan Das, Advocate for R-1.
Mr. Rajat Aneja & Ms. Vandana Aneja,
Advocates for R-3 to 13.
Mr. Sunil Sabharwal, SC, DCHFL/R-14.
Mr. S.K. Sharma, Advocate for R-15.
WITH
+ W.P.(C) 5905/2013 & C.M. Nos.13024/2013, 25265/2017
BISHAN SARUP & ORS ..... Petitioners
Through: Mr. Rajesh Aggarwal, Advocate.
versus
REGISTRAR CO-OPERATIVE SOCIETIES & ORS
..... Respondents
Through: Mr. Anuj Aggarwal, ASC, GNCTD with
Mr. Shryan Das, Advocate for R-1.
Mr. S.K. Sharma, Advocate for R-2.
Mr. Rajat Aneja & Ms. Vandana Aneja,
Advocates for R-3 to 13.
W.P.(C) 2711/2013 Page 1 of 5
AND
+ W.P.(C) 6856/2013 & C.M. Nos.14859/2013, 25262/2017
GIRISH CHANDRA SIRKECK ..... Petitioner
Through: Mr. Paritosh Anil & Mr. Rakesh Sharma,
Advocates.
versus
REGISTRAR OF CO-OPERATIVE SOCIETIES & ORS.
..... Respondents
Through: Mr. Naushad Ahmed Khan, ASC, GNCTD
with Ms. Kanika Srivastava, Adv. for R-1.
Mr. Rajat Aneja & Ms. Vandana Aneja,
Advocates for R-3 to 13.
Mr. Sunil Sabharwal, SC, DCHFL/R-14.
Mr. S.K. Sharma, Advocate for R-15.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE DEEPA SHARMA
ORDER
% 18.09.2017
1. On 21.07.2017, learned counsels for the parties had stated in
unison that with much difficulty, they were able to arrive at an out of
court comprehensive settlement in respect of the disputes raised in
these petitions and several other cases which are pending between the
parties before other fora. They had stated that the broad terms and
conditions of the settlement arrived at, were that each of the petitioners
in all the three cases shall deposit a sum of Rs.1 lac with the General
Staff Co-operative Group Housing Society, of which
petitioners and the respondents are members. Out of the said
amounts, a sum of Rs.50,000/- was agreed to be released by the Society
in favour of each of the respondent Nos.5, 6, 8, 10 & 13 in W.P. (C)
No.2711/2013. It was further agreed that the balance amount shall be
retained by the Society for being used for common purposes. In
addition to the above, the parties had agreed that some of the
respondents who are also members of the Society, shall deposit a
consolidated amount of Rs.8 lacs with the Society.
2. Though learned counsel for the parties had stated that the draft
Settlement Agreement had been approved by the Managing Committee
of the Society on 25.06.2017 and the Agreement was finally executed
by the parties on 27.06.2017, we had expressed an opinion that the said
decision taken by the Managing Committee, must be ratified by the
General Body of the Society, particularly in view of the fact that a part
of the amount agreed to be deposited by some of the members, was first
to be transferred in favour of the Society and thereafter, released by the
Society in favour of other members.
3. Learned counsel for the parties state that pursuant to the order
dated 21.07.2017, an Extraordinary General Body Meeting of the
Society was convened on 13.08.2017 and the decision of the Managing
Committee has been ratified. The Minutes of the said Meeting have
been enclosed with the affidavit dated 21.08.2017, filed by the
Secretary of the Society.
4. Paragraph 11 of the Minutes of the Meeting of the Society,
records that all the members of the Society have ratified and approved
the decision of the Managing Committee dated 25.06.2017 and the
Settlement Deed dated 27.06.2017. While taking on record the
aforesaid affidavit and documents enclosed therewith, the present
petition is disposed of, in terms of the settlement recorded in the
Settlement Deed dated 27.06.2017. The parties shall remain bound by
the terms and conditions of the said settlement. The applications filed
under Order XXIII Rule 3 CPC are allowed.
5. At this stage, learned counsel for the parties state that the
petitioners in W.P. (C) Nos.2711/2013 and 5905/2013 may be
permitted to approach the RCS for release of the amounts deposited by
them in terms of the orders dated 24.09.2013, 25.09.2013 and
27.09.2013 passed in these proceedings along with interest, if any,
accrued thereon.
6. The petitioners are granted leave to approach the RCS for release
of the amounts deposited by them in terms of the aforesaid orders.
7. It is further stated that LR No.(i) of the deceased petitioner No.4
in W.P. (C) No.2711/2013 has been authorized by the remaining legal
heirs No. (i) to (v) to collect the amounts deposited by the deceased
petitioner No.4, with the RCS. The RCS is directed to release the said
amounts payable to petitioner No. 4(i) to (v) to the petitioner No. 4(i).
The amounts deposited by the aforementioned parties shall be released
by the RCS within four weeks from the date they approach the office of
the RCS with a copy of this order.
8. Similarly, it is directed that if the petitioner in W.P.(C)
No.6856/2013 has deposited any amount in the Registry, in
compliance of the order dated 27.11.2013, he shall be entitled to
approach the Registry for release of the said amount along with
interest, if any, accrued thereon, through his counsel.
9. The petitions are disposed of along with the pending
applications. No orders as to costs.
HIMA KOHLI, J.
DEEPA SHARMA, J.
SEPTEMBER 18, 2017
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