Delhi High Court - Orders
Pushpa Thakkar vs Registrar Cooperative Society on 6 October, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~107
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 644/2022 & CM APPL. 50982/2023
PUSHPA THAKKAR ..... Petitioner
Through: Ms. Nandni Sahni, Adv.
versus
REGISTRAR COOPERATIVE SOCIETY ..... Respondent
Through: Mr. Abhinav Singh, Ms. S Agarwal,
Advs. for R1
Mr. VK Verma, Adv. for R-2&3
Mr. Sagar Sangi, Mr. Sandeep, Officials of RCS
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 06.10.2023
1. This is a petition seeking initiation of contempt proceedings against the respondent Nos. 2 and 3 for violation of the order dated 12.08.2010 passed in WP(C) 5298/2010 titled "Pushpa Thakkar vs. Registrar, Cooperative Societies & Ors."
2. As per the order dated 12.08.2010, the Hon‟ble Division Bench of this Court directed as under:-
"We thus direct the R-2/Society to hand over the possession of the flat in question to the petitioner within seven days from today. We leave it open to the petitioner to pursue any civil remedy for damages against R-2/Society for not handing over the flat in question to her. We also deem it a fit case where exemplary costs should be imposed on the Managing Committee of the R-2/Society for not handing over possession of the flat in question to the petitioner and seeking to sit in appeal over the judgment of the learned Addl. District Judge This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:29:39 and the Financial Commissioner and we quantify the costs at Rs.20,000/- which shall be borne by all the members of the Managing Committee of R-2/Society, who participated in the meeting of the Managing Committee held on 03.09.2008, and not the R-2/Society, to be paid to the petitioner within fifteen days."
3. It is stated that despite the order having been passed in the year 2010, i.e. more than 13 years ago, the petitioner is still struggling to get possession of the flat.
4. The respondent Nos. 2 and 3 being the office bearers of the respondent society have drawn my attention to Summary dated 01.01.2023 wherein it is stated that a sum of Rs. 49,58,315/- is due and payable by the petitioner towards the respondent society, out of which the most prominent and biggest component is „Loan Outstanding‟ which is calculated as 45,98,242/-.The same is shocking to say the least.
5. My attention has been drawn to the Arbitral Award dated 16.03.2017, wherein it has been held as under:-
"14. .........
4. From the submissions made before me, it is established that the Society has drawn Rs. 80,000/ from DCHFC as housing loan, and after admissible deduction it was Rs. 72,400/. But the swelling of Rs. 72,400/ to that of Rs. 36,99,643/ upto 30.6.2016 is not authenticated by any valid document, except an unauthenticated photo-copy of the statement. No penal interest payable by the defendant, when the possession was not handed over to her by more than 15 years. As such, the actual principal This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:29:39 amount due to be paid is to be DCHFC from the date of drawl till day need to be calculated as per actual as demanded or calculated by the DCHFC along with normal rate of interest. No penal interest is payable by the defendant."
6. Despite the said finding having attained finality, as the appeal against the said award was dismissed on 24.04.2019 by the learned Delhi Co- Operative Tribunal in Appeal No. 86/2017/DCT, the respondent Nos. 2 and 3 have not rectified but further inflated the said figure.
7. I am of the view that the respondent Nos. 2 and 3 are guilty of non-
compliance of the order dated 12.08.2010.
8. The respondent no.2 and 3 shall file an affidavit indicating why they should not be punished for committing contempt of the order dated 12.08.2010. The affidavit be filed within a period of 4 weeks from today.
9. List on 26.02.2024.
10. In the meanwhile, the Administrator, i.e. Mr. P.K. Khanna and SHO, PS Paschim Vihar are directed to ensure that the possession of the flat bearing No. 114, Venus Cooperative CHCS, Paschim Vihar, New Delhi is handed over to the petitioner within a period of 1 week from today.
11. Dasti under the signature of the Court Master/ Private Secretary.
JASMEET SINGH, J OCTOBER 6, 2023 / (MS) Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 23:29:40