Praveen Mahajan & Ors v. Registrar Cooperative Societies & Ors

GITA MITTAL, J

P.S.TEJI, J MAY 07, 2015

kr/aj

W.P.(C)Nos.1454/2014 & 2363/2014 page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 7th May, 2015 + W.P.(C)No.1454/2014 & CM No. 3030/2014 PRAVEEN MAHAJAN & ORS. ..... Appellant Through: Mr. Rajiv Dutta, Sr. Adv. with Mr. Siddharth Dutta, Mr. Kumar Dushyant Singh and Mr. Shravan Kumar Yammanur, Advs. versus REGISTRAR COOPERATIVE SOCIETIES & ORS. ..... Respondent Through: Mr. Rajiv Vig, Adv. Mr. S.K. Kaushik, Adv. with Mr. R.K.Jain, Assistant Collector for R-3 Mr. Sunil Sabharwal, Adv. for R-4 Mr. Subodh Kumar, Adv. for R-8 & 9 + W.P.(C) No. 2363/2014 & CM No. 4986/2014 DEVENDER SHARMA & ORS. ..... Appellant Through: Mr. Rajiv Dutta, Sr. Adv. with Mr. Siddharth Dutta, Mr. Kumar Dushyant Singh and Mr. Shravan Kumar Yammanur, Advs. versus W.P.(C)Nos.1454/2014 & 2363/2014 page 2 REGISTRAR COOPERATIVE SOCIETIES & ORS. ..... Respondent Through: Mr. Rajiv Vig, Adv. Mr. S.K. Kaushik, Adv. with Mr. R.K.Jain, Assistant Collector for R-3 Mr. Sunil Sabharwal, Adv. for R-4 Mr. Subodh Kumar, Adv. for R-8 & 9 CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE P.S.TEJI GITA MITTAL (J) ORAL 1. W.P.(C)No.1454/2014 has been filed by 24 persons who are admittedly regular and bonafide members of the Neelkamal Cooperative Group Housing Society Ltd. – respondent no. 2 herein who had been allotted flats which they are occupying for a considerable period. 2. W.P.(C)No.2363/2014 has been filed by 23 persons who are admittedly regular and bonafide members of the Neelkamal Cooperative Group Housing Society Ltd. – respondent no. 2 herein who have been allotted flats on different dates which they are occupying for a considerable period. 3. The facts giving rise to the instant writ petition are within a narrow compass and to the extent necessary, are noted hereafter. It appears that the respondent had 102 validly enrolled members. The respondent no.2 society had applied and was allotted land on 12th March, 1984 by the W.P.(C)Nos.1454/2014 & 2363/2014 page 3 Delhi Development Authority in Vikaspuri, New Delhi. 4. In order to enable the society to raise construction, the society required contributions from its members. To enable payments, at the instance of some of its members, the respondent no. 2 society made an application dated 31st December, 1986 for a loan of `51.52 lakhs from the Delhi Coop. Housing Finance Corporation Ltd.-respondent no. 4 herein, a cooperative housing finance corporation. It is an admitted position that the application for a loan was made on behalf of and for the benefit of only 67 members out of the total of 102 members of the respondent no. 2 society. The remaining members did not seek or avail any loan amount. Only these persons had availed the loan facility. Out of the 67, details of twenty three petitioners who have taken various amounts is reflected in the tabulation placed by the respondent no. 2 society before us. 5. The remaining thirty five members opted either to avail loans from their employers or other financial institutions including banks, some of them made arrangements from their own sources, instead of taking any kind of loan. 6. The twenty four petitioners before us in W.P.(C)No.1454/2014 are those members of the respondent no.2 society who did not take any amounts whatsoever from the amounts advanced by the respondent no.4. This position is undisputed. The names of these twenty four persons do not feature in the list of 67 members of the society who are shown as the persons on whose behalf the respondent no.2 society had availed the loan of `51.52 lakhs. W.P.(C)Nos.1454/2014 & 2363/2014 page 4 7. The petitioners in W.P.(C)No.2363/2014 have placed before us "no loan dues certificates" issued to all the petitioners by the respondent no.2- society. It is obvious that this certificate has been issued upon their clearing the entire loan liability. 8. We are informed that pursuant to our orders dated 28th August, 2014, the respondent no. 3 had also undertaken the verification of the above submi