Delhi State Cooperative Union Ltd v. Registrar Cooperative Societies & ORS.
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8018/2026, CM APPL. 38428/2026-Stay DELHI STATE COOPERATIVE UNION LTD .....Petitioner Through:
Mr. Rajesh Srivatava and Mr. Rahul Kumar, Advs.
versus REGISTRAR COOPERATIVE SOCIETIES & ORS.
.....Respondents Through:
Mr. Sameer Vashishth, Standing Counsel with Ms. Vaishali Gupta, Panel Counsel with Ms. Rashi Aggarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 01.06.2026 1.
By virtue of the present petition under Articles 226 and 227 of the Constitution of India, the petitioner, inter alia, seeks quashing of the impugned order dated 18.05.2026 bearing no.F.47/AR/BKG/RCS/326/ 2025/4325 issued by respondent no.3 under Section 61 of the Delhi Cooperative Societies Act, 2003 (DCS Act).
2.
At the outset, learned counsel for petitioner has drawn the attention of this Court to the summons dated 22.04.2026, pursuant whereto, it is the case of the petitioner that the petitioner was represented on 07.05.2026, when he made a specific communication qua providing the copies of complaint for giving a feasible response thereto. He submits that despite thereto, the same was not supplied. Thus, the passing of the impugned order dated 18.05.2026 is liable to be set aside. 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 03/06/2026 at 12:45:11
3.
Learned counsel then relies upon the judgment entitled Panchshila Co-Operative House Building Society Ltd vs. Govt. of NCT of Delhi: 2009:DHC:3883-DB, wherein it has been categorically held by the Hon'ble Division Bench of this Court that if the proceedings under Section 61(1) of the DCS Act have been initiated without giving opportunity of hearing to any party like the petitioner herein, any order passed thereof, is liable to be set aside.
4.
Issue notice.
5.
Learned counsel for respondent nos.1 to 4 accept notice. He, without adverting to the merits of the issues involved, fairly submits that the respondents shall give a fresh opportunity of rehearing after supplying the copies of the complaints within a period of one week to the petitioner. 6.
Learned counsel for petitioner submits that a reply thereto shall be filed within a period of two weeks.
7.
As such, the present petition, alongwith the pending application, is disposed of directing the respondents to adjudicate upon the same afresh on the basis of the aforesaid documents within a period of two weeks in accordance with law.
SAURABH BANERJEE, J (VACATION JUDGE) AMIT SHARMA, J (VACATION JUDGE) JUNE 1, 2026/So 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 03/06/2026 at 12:45:11