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High Court of DelhiW.P.(C)/2595/2025

Anil Kumar Kapoor v. Registrar Cooperative Societies Delhi & ORS.

2025-03-03Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Mr. Justice Tejas Karia3 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2595/2025 and CM APPL. 12379/2025 ANIL KUMAR KAPOOR .....Petitioner Through:

Mr Kaushik K. Dey with Ms Shilpi Dey Aaditya, Advocates.

versus REGISTRAR COOPERATIVE SOCIETIES DELHI & ORS.

.....Respondents Through:

Mr Abhinav Sharma with Mr Ausi Malik and Ms Aakriti Jain, Advocates for RCS.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 03.03.2025 1.

The petitioner has filed the present petition, inter alia, praying that the directions be issued to respondent no.1 [Registrar Cooperative Societies, Delhi] to decide the petitioner's representation. The petitioner claims that he is a member of the respondent no.3 [Galaxy Co-operative Group Housing Society Ltd.].

The petitioner is essentially aggrieved by the manner in which a Special General Body Meeting of respondent no.3 was conducted on 15.04.2018. According to the petitioner, the Administrator had permitted certain non-members and tenants in the society to participate in the said meeting. The petitioner contends that the same was impermissible and had vitiated the said proceedings. The petitioner claims that thereafter the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner made an application under the Right to Information Act, 2005 before the Registrar for seeking a copy of the attendance-sheet of the Special General Body meeting held on 15.04.2018, which was provided to the petitioner on 01.05.2024.

He states that the said attendance-sheet established that certain non-members were permitted to Special General Body meeting held on 15.04.2018.

2.

Thereafter, on 21.05.2024 the petitioner filed an application before the respondent no.1 for cancellation of the meeting dated 15.04.2018 and to set aside the agenda.

3.

The petitioner is essentially aggrieved by one of the agenda items regarding car parking. Respondent no.3/society had decided at the said meeting for charging ₹500/- per month for a second car and ₹1,000/- per month for the third car w.e.f. 01.05.2018.

4.

The notice of the Special General Body Meeting was issued on 07.04.2018. Admittedly, the petitioner was aware of the agenda items and that meeting was scheduled to be held on 15.04.2018. The petitioner was aware that the meeting held on 15.04.2018 as scheduled and the decisions taken in the said meeting. However, the petitioner took no steps for more than five and a half years thereafter. The petition indicates that the first step taken by the petitioner to agitate any grievance was on 22.12.2023 when the petitioner made a representation for cancellation of the decisions of the Special General Body Meeting taken on 15.04.2018. The present petition has been filed more than seven months after the petitioner had received a copy of the attendance-sheet as sought for by the petitioner under the Right to Information Act, 2005.

5.

It is well settled that remedy under Article 226 of the Constitution of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

India is the discretionary remedy. In the present case, we do not consider it apposite to entertain the present petition on account of the inordinate delay on the part of the petitioner. The petition is, accordingly, dismissed. VIBHU BAKHRU, J TEJAS KARIA, J MARCH 03, 2025/tr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.