Delhi High Court
Dipak Singh vs Registrar Cooperative Societies & Anr. on 2 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~9 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10905/2023 and CM APPL. 42252/2023
DIPAK SINGH ..... Petitioner
Through: Ms. Shubhi Singh, Adv.
versus
REGISTRAR COOPERATIVE SOCIETIES & ANR.
..... Respondents
Through: Mr. Prashant Manchanda, ASC with
Ms. Nancy Shah and Mr. Angad
Singh, Advs. for RCS
Mr. Rajeev Ranjan Pandey, Advocate
with Mr. Vijay Kamra, General
Secretary, Jyoti CGHS, in person.
10
+ W.P.(C) 10981/2023 and CM APPL. 42551/2023
JAGMOHAN GOEL ..... Petitioner
Through: Ms. Shubhi Singh, Adv.
versus
REGISTRAR COOPERATIVE SOCIETIES & ANR.
..... Respondents
Through: Mr. Satyakam, ASC with Mr. P.
Kashyap, Adv. for RCS
Mr. Rajeev Ranjan Pandey, Adv. with
Ms. Kirti Yadav, Advs. for R-2 with
respondent No.2 in person.
11
+ W.P.(C) 11616/2023 and CM APPL. 45308/2023
ANITA KUMAR ..... Petitioner
Through:
Signature Not Verified
Digitally Signed W.P.(C) 10905/2023 and connected matters Page 1 of 5
By:Rashmi Dabas
Signing Date:05.02.2024
16:36:11
versus
REGISTRAR COOPERATIVE SOCIETIES & ANR.
..... Respondents
Through: Mr. Udit Malik, ASC with Mr. Vishal
Chanda, Adv. for RCS,
Mr. Rajeev Ranjan Pandey, Adv. with
Ms. Kirti Yadav, Advs. for R-2 with
respondent No.2 in person.
12
+ W.P.(C) 11628/2023 and CM APPL. 45360/2023
T.M.G MENON ..... Petitioner
Through: Ms. Shubhi Singh, Adv
versus
REGISTRAR COOPERATIVE SOCIETIES & ANR.
..... Respondents
Through: Mr. Udit Malik, ASC with Mr. Vishal
Chanda, Adv. for RCS
Mr. Rajeev Ranjan Pandey, Adv. with
Ms. Kirti Yadav, Advs. for R-2 with
respondent No. 2 in person.
% Date of Decision: 2nd February, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ: (ORAL)
1. The issue arising for consideration in the aforesaid writ petitions is
common as it pertains to a common judgment dated 29th September, 2021
passed by the Delhi Co-operative Tribunal ('Tribunal').
2. Each of the Petitioner(s) herein is a regular member of Respondent
No. 2, i.e., Jyoti CGHS Ltd. and have in their favour respective award(s)
passed by the respective Arbitrator(s) appointed under Delhi Co-operative
Societies Act, 2003. The Arbitrator issued unequivocal directions which
have been summarised by the Tribunal in its common judgment dated 29th
September, 2021. In this regard, the relevant portion of the common
judgment dated 29th September, 2021 reads as under:
"9. After thorough hearings, all the Arbitrators separately held as
follows:-
(a) The society is held entitled to:-
(i) remaining costs of the flats after taking into account the amounts
paid by the earlier members whose resignation had caused the
vacancies against which the respondents were enrolled.
(ii) interest @ 10% per annum. In three of the awards the interest has
been made payable from the date the respondent was given possession
while in two awards, the Arbitrator has asked the society to issue fresh
demand notices reflecting the correct amount towards the remaining
cost and interest @ 10% per annum to be paid if there is a delay in
making payments after service of such fresh demand notice.
(b) All the Arbitrators have also allowed maintenance charges to be
paid by the respondents from the date of the possession of the flats.
(c) The claim of the society for equalization charges has been declined
by all the Arbitrators.
(d) All the Arbitrators have held that the delay in making payments upto
the date of possession is not attributable to the respondents and
therefore, no interest is to be paid by them till that date."
3. The Tribunal by its common judgment dated 29th September, 2021
upheld each of the award(s) and dismissed the appeal filed by Respondent
No. 2- Society.
4. The Petitioner(s) herein have tendered the amounts due to the
Respondent No. 2-Society in terms of the respective arbitral award(s),
however, the Respondent No. 2- Society declined to accept the said cheques.
In these circumstances, the Petitioner(s) have filed the present writ petitions
seeking a direction to the Respondent No. 2- Society to accept the cheques
and issue a No Dues as well as a No Objection Certificate.
5. Learned counsel for the Petitioner(s) states that the Petitioner in
W.P.(C) 11616/2023 has made payment of a sum of Rs. 3,14,960/- on 31st
March, 2023 by way of RTGS. She states that, however, the dues of the
remaining Petitioner(s) are outstanding and they remain ready and willing to
pay the said dues. She states that cheques for the amounts due under the
respective arbitral award(s) will be remitted within one (01) week.
6. After some arguments, Mr. Vijay Kamra, the General Secretary of
Respondent No. 2- Society is present in Court and undertakes to the Court
that the payments offered by the Petitioner(s) will be accepted and a No
Dues and a No Objection Certificate will be issued within one (01) week of
the receipt of the amount. He undertakes to the Court that the directions
contained in the award(s) as upheld by the Tribunal will be accepted and be
complied with.
7. We are of the considered opinion that the Respondent No. 2- Society
cannot obstruct the implementation of the arbitral award(s) and as upheld by
the Tribunal in its common judgment dated 29th September, 2021. The
Respondent No. 2- Society is bound to give effect to the directions contained
in the arbitral award(s) which have admittedly become final and binding.
The undertaking given by the Respondent No. 2- Society is accepted by this
Court and it is held bound by the same. The Respondent No. 2- Society is
directed to issue a No Dues and a No Objection Certificate in favour of each
of the Petitioner(s) in accordance with the undertaking given to the Court.
8. With the aforesaid directions, the aforesaid petitions are allowed and
applications stand disposed of.
9. List for compliance on 11th March, 2024.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 2, 2024/msh/MG
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