Skylark Multi State Cooperative Group Housing Society v. Central Registrar Of Cooperative Societies & ANR.

$~1 (SDB) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SKYLARK MULTI STATE COOPERATIVE GROUP HOUSING SOCIETY .....Petitioner Through:

Mr. Piyush Pathak, Mr. Rohit Yadav & Mr. Arun Upadhyay, Advs.

versus CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES & ANR .....Respondents Through:

Ms. Nishi Raman, CGSC with Mr.

Arnav Mittal, Advocates for R-1 and R-2.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.05.2025 1.

This hearing has been done through hybrid mode. CM APPL. 32338/2025 (seeking recall of order dated 10th May, 2024 filed by the Petitioner) 2.

This is an application filed by the Petitioner-Skylark Multi State Cooperative Group Housing Society (hereinafter, the 'Society') seeking revival of the present writ petition as also recall of the order dated 10th May, 2024 (hereinafter, the 'order') in W.P. (C) 1609/2021, vide which the petition has been disposed of as infructuous. 3.

The order disposed of the said writ petition as infructuous on the ground that the Society had been wound up and a liquidator has been appointed. The order is extracted hereunder for ready reference: "1. Learned counsel for Respondents states that the present matter has been rendered infructuous as the Petitioner-society has been wound up by the Central The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Registrar of Cooperative Society vide order dated 3rd February, 2021 and a liquidator has been appointed vide order dated 9th February, 2021 .

2. In view of the aforesaid, the present writ petition is disposed of as infructuous."

4.

The submission of Mr. Pathak, ld. Counsel for the Society, is that it is the very order by which the winding up of the Society has been directed that is the subject matter of the present petition. 5.

A perusal of the orders dated 7th December, 2020, 03rd February, 2021 and 09th February, 2021 passed by the Office of Central Registrar of Cooperative Societies would show that in fact the liquidator had been appointed for making disbursements.

6.

On a query from the Court, ld. Counsel for the Petitioner submits that the Chief Executive Officer of the Society was in Judicial Custody and therefore, could not make arrangements for appearance of a lawyer when the matter was taken up on 10th May, 2024. The ld. Counsel further submits that the District Magistrate, West District is the liquidator presently. 7.

Ld. Counsel for the Respondent submits that the orders which are under challenge are appealable under Section 99(1)(f) in the Multi-State Cooperative Societies Act, 2002. Accordingly, the Petitioner should be relegated to the Appellate remedy.

8.

Considering the nature of the matter, it is deemed appropriate to issue notice to the liquidator whose details are as under: Dr. Kinny Singh, IAS, DM, District, West Delhi (Official Liquidator).

Address: Plot No.3, Shivaji Place, Raja Garden, New Delhi-278 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Email: dcwest@nic.in 9.

Registry to also serve the same. Ld. Counsel for the Petitioner to also serve the said liquidator dasti.

10.

List on 22nd August, 2025.

PRATHIBA M. SINGH, J.

MANMEET PRITAM SINGH ARORA, J.

MAY 23, 2025/PU/Rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.