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High Court of DelhiW.P.(C)/11966/2023

Akhil Bhartiya Mahor Gwaarre Vaishya Mahasabha Unregistered v. Govt. NCT Of Delhi & ORS.

2026-02-11Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11966/2023 AKHIL BHARTIYA MAHOR GWAARRE VAISHYA MAHASABHA UNREGISTERED .....Petitioner Through:

Mr.

Abhay Singh, Ms.

Ankita Agarwal, Mr.

Jishnu Adhikari Advocates.

Versus

GOVT. NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Tushar Sannu with Mr.Akshay Sharma Advocate

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 11.02.2026 1.

The Petitioner herein seeks to challenge the registration of Respondent No.3 Association on the ground that the same was obtained by fraud, concealment of material facts, and misrepresentation before the Registrar of Societies.

2.

It is the case of the petitioner that respondent No.5, without any lawful authority under the bye-laws of the unregistered petitioner Society and without any valid resolution of the General Body, submitted an application for registration of a society in an identical name. The said application was supported by an affidavit dated 28.06.2018 allegedly filed under Section 3 of the Societies Registration Act, 1860 (hereinafter 'the 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 18/02/2026 at 12:46:01

Act'). Respondent No.5 had no locus to represent the Society after the demise of the elected National President, and no election was conducted in accordance with the governing bye-laws. It is further alleged that respondent No.5 manipulated and suppressed material facts regarding the constitution of the governing body, membership, and authorization, thereby misleading the Registrar into granting registration vide Certificate dated 31.12.2018. The petitioner contends that the registration is vitiated at its inception, being founded upon false representation and lack of authority, and therefore liable to be declared void ab initio.

3.

Though various submissions have been advanced by learned counsel on behalf of the petitioner. However, upon examination of the pleadings and materials placed on record, it appears that the controversy involves seriously disputed questions of fact which would require adjudication on the basis of oral and documentary evidence.

4.

Therefore, having considered the aforesaid circumstances, it is seen that the petitioner will have to take appropriate remedy to agitate its grievances before the appropriate forum including filing of civil suit. 5.

With the aforesaid observations, the instant petition stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 11, 2026 Nc/ksr 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 18/02/2026 at 12:46:01