Lakhbir Singh Bedi v. Chander Parkash Vij And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 12th September 2025

Pronounced on: 15th September 2025 LAKHBIR SINGH BEDI ........Petitioner versus CHANDER PARKASH VIJ AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Sumit, Advocate for Mr. Tarun Vaid, Advocate for the petitioner.

Mr. J.S. Kahlon, Advocate for respondent No.1.

HARPREET KAUR JEEWAN, J.

CM-12656-CII-2025 1.

Allowed as prayed for.

2.

Final order dated 09.08.2021, passed by the Additional Registrar-cum-Chief Auditor, Co-operative Societies, Haryana, in Appeal/Co-op-65 of 2018, titled as "Lt. Col. L.S. Colonel L.S. Bedi (Retd.) vs. Mrs. Anu Koshish, ARCS, Panchkula and Others", is taken on record as Annexure R-2, subject to all just exceptions. 3.

CM stands disposed of.

Main case 4.

By way of filing the present petition, the petitioner has alleged willful non-compliance of the order dated 03.07.2019 (Annexure P-1), passed by the Court of Additional Registrar (Store), Co-operative Societies, Haryana, wherein, following order was passed:-

"The petitioner has filed an application dated 09.04.2019 in the above noted petition. The applicant has mentioned in his application that a dispute having taken five times payment of maintenance charges etc. is pending in this court. He prayed that the Society be directed not to ask any payment till the disposal of the petition.

In view of the request of the applicant is accepted and the respondent Society is hereby restrained from taking any payment from the applicant-petitioner till the pendency of the aforesaid petition. Both the parties be informed accordingly. The present application is hereby disposed of."

5.

Learned counsel for respondent No.1 submits that the main appeal/COOP bearing No.65 of 2018, titled as "Lt. Col. L.S. Bedi (Retd.) vs Assistant Registrar, Cooperative Societies, Panchkula and Another", stands decided by the Additional Registrar-cum-Chief Auditor, Cooperative Societies, Haryana vide order dated 09.08.2021 (Annexure R-2). 6.

Learned counsel for the petitioner contends that though the main appeal stands dismissed vide order dated 09.08.2021, however, the interim order (Annexure P-1) was violated by the respondent-Additional Registrar-cum-Chief Auditor, Cooperative Societies, Haryana, since they have demanded payment of sum of Rs.38,725/- from the petitioner vide Letter dated 24.12.2019 (Annexure R-1/1).

7.

I have considered the aforesaid submissions and perused the records.

8.

As per the brief facts narrated in the final order dated 09.08.2021 (Annexure R-2), the petitioner challenged the demand of Rs.85,225/-, raised by the respondents vide Letter No.ICS-1/245 dated 29.05.2018, by way of filing an appeal under Section 102(2)(a) of the Haryana Cooperative Societies Act, 1984. The Appellate Authority had

observed that the charges claimed as outstanding maintenance charges are found to be legitimate on account of the actual expenditure incurred by the Co-operative Society. However, some of the charges were found to be arbitrary, as such, the total outstanding charges have been treated as Rs.55,225/- and the remaining amount of Rs.30,000/- has been ordered to be refunded to the petitioner.

9.

In the present petition, the petitioner has alleged willful disobedience and non-compliance of the aforesaid interim order dated 03.07.2019 (Annexure P-1), passed by the Additional Registrar (Store), Co-operative Societies, Haryana, pending the said appeal, whereby, the respondent-Society was restrained from taking any payment from the petitioner during the pendency of the petition. 10.

It is alleged that vide Letter dated 24.12.2019 (Annexure R1/1), a demand of Rs.38,725/- has been raised by the Secretary of the Society. The demand questioned by way of filing the appeal stands finally adjudicated, as such, the interim order has merged in the main order dated 09.08.2021 (Annexure R-2).

11.

In view of the facts and circumstances of the case, this Court finds no reasons to grant further indulgence by continuing the proceedings in the present petition, which has been filed under Section 10 read with Sections 11 and 12 of the Contempt of Courts Act, 1971, only on account of an interim order.

12.

Consequently, the present petition stands disposed of as having been rendered infructuous.

13.

However, there is no expression of opinion on the merits of the claim raised by the respondent-Society, from the petitioner and with regard to the order dated 09.08.2021 (Annexure R-2), passed by the Additional Registrar-cum-Chief Auditor, Co-operative Societies, Haryana. 14.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 15th September 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No