Mrs. Jaya Chakarvarty v. The Office Of The Registrar Of Co-Operative Societies And ORS.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9860/2018 MRS. JAYA CHAKARVARTY ..... Petitioner Through:

Mr. Vaibhav Vats and Mr. J.K. Hoon, Advocates.

versus THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS.

..... Respondents Through:

Mr. Jawahar Raja, ASC, GNCTD for RCS.

Mr. Kabir S. Ghosh, Advocate for R-3.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 17.09.2019

1. Despite service there has been no representation on behalf of the Respondent No.3 i.e. the SBI New Delhi Staff Co-operative Housing Society Ltd. („Society‟) in the present case.

2. It is seen that vide order dated 28th May 2019 this Court noted the fact that the Petitioner had been delivered possession of the flat in question.

3. The only remaining prayer of the Petitioner is that the original title deeds pertaining to the flat in question should be returned.

4. Counsel for the Petitioner refers to the letter dated 27th December 2013 written by the State Bank of India (SBI) which reads as under: W.P.(C) 9860/2018 Page 1 of 3

"Shri Shri Pankaj L Chakravarty C-516, Chittaranjan Park .

New Delhi-110019 Dear Sir ISSUANCE OF TITLE DEEDS AND ALL OTHER RELEVANT DOCUMENT OF No. 10, 10A, IMARTI BLOCK, GANGA RAM VATIKA, TILAK NAGAR - 110018 Please refer to our earlier communication dated 24.12.2013, wherein we had requested you to provide us the' housing loan account number as well as approximate date of sanction of housing loan from the branch. We have still not received any reply- in this regard.

However, we are happy to advise that we have located the title deeds claimed by you on perusal of the title-deeds, it has been observed that the said title deeds were deposited by the society 'State Bank of India, New Delhi Staff Co-operative Housing Society. Ltd' and, therefore, the bank is bound to return the title deeds only to th6 society.

Assuring you bur best services."

5. It is thus seen that the SBI Branch at Sansad Marg acknowledges having the original title deeds of the flat in question but has taken the stand that it will return the said title deeds only to Respondent No.2 Society.

6. As already noted hereinbefore Respondent No.2 Society has not appeared despite the notices issued to it. Counsel for the Petitioner states that Respondent No.2 Society is not in existence. The Petitioner informed the W.P.(C) 9860/2018 Page 2 of 3

SBI on 28th January 2015 that he had been unable to locate the address of the Society or its whereabouts.

7. In fact, the office report of the agency said that the notice has returned unanswered and the remark is „at present there is no office of SBI Staff Cooperative Housing Society in the premises of SBI, Parliament Street.‟

8. In that view of the matter, the Court directs that the SBI Sansad Marg, New Delhi branch will hand over the title deeds of the property in question to the Petitioner upon proper identification on the strength of the present order. Additionally a certified copy of this order be delivered forthwith to the Branch Manager, State Bank of India at Sansad Marg, New Delhi by a Special Messenger for compliance.

9. The petition is disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

SEPTEMBER 17, 2019tr/pa W.P.(C) 9860/2018 Page 3 of 3