Rakesh Kumar & ORS. v. The Registrar Cooperative Societies, Delhi & ORS.

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8799/2025 & CM APPL.41903/2025 RAKESH KUMAR & ORS.

.....Petitioners Through:

Mr. Alok Gupta, Mr. R.P Sahu, Mr.

Ajay Kumar Sharma & Mr. Ranjeet Singh Advocates. (M: 98100 76539) versus THE REGISTRAR COOPERATIVE SOCIETIES, DELHI & ORS.

.....Respondents Through:

Ms. Harshita Nathrani, Adv. for Mr.

Sameer Vashisht, Standing Counsel with for R-1 & 2.

Mr. Aditya Singla, SSC, CBIC with Ms. Shreya Lamba, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 17.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioners under Articles 226 and 227 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondent No. 1- Registrar of Cooperative Societies (hereinafter, 'RCS') and Respondent No. 2- The Deputy Registrar (Arbitration) Cooperative Societies to consider and decide the claimreference petition being ARB.Case No.7060/AR/ARB/2024-25 titled 'Rakesh Kumar & Ors. v. The Capital Cooperative Thrift and Credit Society Ltd. & Ors.' in a time bound manner.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The grievance of the Petitioners in the present petition is that the Petitioners have filed the claim-reference petition being ARB.Case No.7060/AR/ARB/2024-25 under Section 70 of the Delhi Cooperative Societies Act, 2003, (hereinafter, 'DCS Act') and the Delhi Cooperative Societies Rules, 2007 (hereinafter, 'DCS Rules'). However, despite the same having been filed in January, 2025, till date the ld. Arbitrator has not been appointed as no order has been passed.

4.

The Petitioners have also filed an application, being CM APPL.41903/2025, before this Court under Section 151 of the Code of Civil Procedure, 1908 seeking early hearing of the present writ petition. 5.

Ld. Counsel for the Petitioners submits that early hearing is being sought only because the prayer in the present writ petition is for expeditious disposal of the said petition.

6.

On behalf of the Respondent Nos. 1 and 2, it is submitted that two hearings had been fixed in this matter. However, in May, 2025 due to the transfer of one official, there has been a delay in the proceedings. Ld. Counsel for the said Respondents submits that the matter is now listed on 6th August, 2025.

7.

Heard. The matter is pending only for reference to an Arbitrator. Accordingly, let the matter be considered on 6th August, 2025 and appropriate orders be passed by 31st August 2025.

8.

It is impressed upon the RCS that insofar as sending reference to ld. Arbitrator is concerned, such a long delay of 8 months ought not to take place. The reference ought to be made within the statutory period of 90 days in accordance with law.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition, along with all pending applications, is disposed of in the above terms.

10.

The next date of hearing also stands cancelled. PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 17, 2025/dk/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.