B.K. Gupta v. Satish Kumar Gupta & Anr.

1. This hearing has been done through hybrid mode. CM APPL.16058/2025 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 3394/2025 & CM APPL.16057/2025 (for stay)

3. The present petition has been filed by the Petitioner -Mr. B.K. Gupta under Article 226 & 227 of the Constitution of India inter alia seeking issuance of an appropriate writ seeking quashing of the recovery certificate bearing F. No. 107739630/RCS/S-4/2024/867 dated 18th October 2024 issued by Respondent No.1 Office of the Registrar Co-operative Societies.

4. The Petitioner has raised various grievances against the Respondent No. 2- Kaymes Co-Operative Group Housing Society Ltd., which is managing Geeta Apartments, Block-17, Geeta Colony, Delhi-110031 (hereinafter ‘society’).

5. The present petition has not been properly drafted. At the outset, this has been pointed out to ld. Counsel for the Petitioner. Ld. Counsel apologizes for improper drafting in the petition and submits that he would file a proper affidavit. However, considering the nature of the matter, the Court has proceeded to consider the documents, which have been annexed with the petition.

6. The grievances, as per ld. Counsel for the Petitioner, is that there are a total of 200 flats in the Society, however, the management of the Society has been vested with only 50 flat owners and there is no proper management for the last several years. Further, no elections for the constitution of the management of the society have been conducted in several years.

7. In addition, various monetary demands have been raised against the Petitioner, who is the occupant of the Flat No. 59 in the society, without giving any details as to the manner in which the sums are being charged. Moreover, the grievance is also to the effect that the office of the Registrar, Cooperative Society is also in collusion with the said management and the recovery certificates have been issued based on the illegal demands being raised by the management of the Society.

8. One such recovery certificate dated 18th October, 2024, signed by Mr. Satish Kumar Gupta has been perused by the Court.

9. Ld. Counsel for the Petitioner also submits that when the Petitioner or any other member of the society have filed a petition or other legal proceedings against the society, huge legal costs have been saddled upon such members of the Society.

10. Ld. Counsel appearing for the Society has placed on record the order dated 3rd December, 2024 in B.K. Gupta & Ors. v Registrar Co-operative Societies & Ors., The said order is in respect of the representation dated 1st July, 2024 sent by the Petitioner to the RCS in regard to the illegal working of the management of the society. A Coordinate Bench of this Court has directed that the representation would be decided by the RCS. The operative portion of the said order reads as under:

11. Let the RCS place on record the order passed pursuant to the order of the ld. Division Bench dated 3rd December, 2024 in W.P.(C) 16674/2024.

12. In the meantime, the Court has perused the demand notices dated 31st March 2024 and 30th June 2024 issued by management of the society, which are extremely vague and do not clarify any date from which charges have been computed or the manner in which demands have been raised against the occupants.

13. Under such circumstances, it is directed that Mr. Nirdosh Sareen, who is the Secretary of the Society, shall remain present in Court on the next date of hearing.

14. The ld. Counsel for Petitioner may file an additional affidavit along with any additional documents. The same may be placed on record within two weeks.