Raman Vihar Cghs Ltd vs The Registrar Co-Operative Societies ...
2025 Latest Caselaw 2943 Del

Delhi High Court

Raman Vihar Cghs Ltd vs The Registrar Co-Operative Societies ... on 24 March, 2025

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~8
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                    Date of decision: 24th March, 2025
                          +          W.P.(C) 2197/2016 & CM APPL. 59094/2024
                                 RAMAN VIHAR CGHS LTD                         .....Petitioner
                                               Through: Mr. Nishant Solanki, Adv.

                                                    versus

                                 THE REGISTRAR CO-OPERATIVE SOCIETIES AND ANR
                                                                           .....Respondents
                                              Through: Mr. Abhinav Sharma, Adv.

                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                 JUSTICE RAJNEESH KUMAR GUPTA
                          Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode. CM APPL. 59094/2024 in W.P.(C) 2197/2016

2. The main writ petition being W.P.(C) 2197/2016, stands disposed of vide order dated 8th August, 2016. The learned Division Bench had disposed of the main petition upon issuing certain directions which read as under:

6. The Counsel appearing for the petitioner, Registrar, Cooperative Societies as well the respondents including the applicants in C.M.No.21411/2016 (Applicant-Sunil Tomar), C.M.No.28584/2016 (Applicant-Sanjay Sareen) and C.M.No.17177/2016 (Md. Khizer & Md. Raza), have agreed that the present petition be disposed of with the following directions:

(i) The Registrar, Cooperative Societies will send names of all the members who have submitted their papers and whose verification is complete and accepted, as per the list maintained by the Registrar, Cooperative Societies, on or about 26th September, 2016.

(ii) In the meanwhile, it will be open to the newly enrolled members of the petitioner Cooperative Society to challenge the orders passed by the Registrar, Cooperative Societies in favour of the 7 members whose expulsion has been set aside. The said members state that they may file applications in the revision petitions filed by the Registrar Cooperative Societies pending before the Financial Commissioner, or they may file independent revision petitions. This consent order or the liberty granted should not be construed as accepting (or rejecting) the applicant's claim to be impleaded as parties or heard in the pending revision petitions. Neither does it reflect or opine on whether their claimhas merit or should be dismissed.

(iii) It will be open to the said members to pray for and obtain stay from the Financial Commissioner. In case there is a stay in general or against a particular member, the Registrar Cooperative Societies will abide by the said stay order passed by the Financial Commissioner.

(iv) The members who have not submitted their papers are at liberty to submit necessary papers and documents on or before 2nd September, 2016 and on submission of the documents, the Registrar, Cooperative Societies will fix dates of hearing between 3 September, 2016 and 16 September, 2016. The decision will be taken on or before 26th September, 2016. In case any member is aggrieved, he will be entitled to question and challenge the said order in accordance with law.

(v) The Registrar Cooperative Societies and the President of Management Committee of the Cooperative Society will circulate this order by sending letters under registered post to all such persons whose names are pending consideration and approval by the Registrar Cooperative Societies, including the newlyjenrolled members. This order will be also circulated to the 7 members, who were earlier expelled and whose expulsion has been set aside. The letters will be posted within a period of ten days from today.

3. A perusal of the above extraction shows that the Court had

(i) granted liberty to the members to submit the relevant documents

and;

(ii) directed the RCS to process the member applications in a time bound manner.

4. The present application i.e., CM APPL. 59094/2024 has been filed by the Applicant- Pradeep Kumar Mehalawat who is said to be one of the members of the Petitioner-Society. It is the case of the Applicant that in spite of the directions to the RCS vide judgment dated 8th August, 2016 the application for allotment of flats has not been processed. Thus, the present application has been filed seeking directions to the RCS to carry out the draw of lot and allot the flat/unit in favour of the Petitioner expeditiously in a time bound manner.

5. Notice was issued in this application on 7th October, 2024. On the last hearing i.e., 27th February, 2025, the learned Counsel for RCS had submitted that the Applicant-Pradeep Kumar Mehalawat was called upon to submit certain documents for processing the application for draw of lot. However, the Applicant-Pradeep Kumar Mehalawat had informed that the required documents were already filed. Accordingly, the Court on the said day had directed RCS to examine and indicate the documents that are not available on record.

6. Today, a communication has been handed over by the RCS wherein the following documents are stated to be still required in order to process the application of the Petitioner. The said communication is taken on record. Documents required From the Remarks/Discrepancies, if any society

1. Affidavit submitted by the member The FIR submitted by the society to the society at the time of does not mention about any specific

enrollment. documents and the affidavit should also be available with the member i.e. Sh. Pradeep Singh Mehlawat so society may ask the member to submit it.

2. Managing Committee resolution The FIR does not mention about any

3. Membership Register specific documents which are lost by

4. Ledger Account the society.

Documents required from the Remarks/Discrepancies, if any member

1. Indemnity Bond

2. Payment Proof

3. Bank Passbook showing the name Not submitted till date.

                          and     account       no.      of   account
                          holder/member

7. The same is stated to have been communicated to the Petitioner-Society on 18th March, 2025.

8. A perusal of the above would show that an FIR has been filed concerning the unavailability of the records required to be submitted by the Society. In view of the same, the FIR shall be taken on record, and the RCS shall not insist on the production of documents listed at serial numbers 2 to 4.

9. With regard to the documents required to be submitted by the member, only three documents are mandated for submission. Copies of the same are in fact on the record of this Court.

10. Let the Applicant produce (i) the indemnity bond, (ii) the payment

proof and (iii) the bank passbook all in original as required by the RCS.

11. In fact, a large number of documents are annexed with the application of the Applicant. Let the Applicant by way of abundant caution take the original documents of all the annexures which are annexed with the application so that if there is any other document required by the RCS, the same can also be obtained by them.

12. The Applicant shall produce the said documents before the RCS on 2nd April, 2025 at 11:30 a.m. No further documents shall be insisted upon by the RCS.

13. Upon the documents being produced, the RCS is directed to regularize the membership of the Applicant within 30 days and shall send the recommendation to the DDA for draw of lots.

14. Application is disposed of in these terms.

PRATHIBA M. SINGH JUDGE

RAJNEESH KUMAR GUPTA JUDGE MARCH 24, 2025 Rahul/Ar.