High Court Delhi dismissed the petition challenging orders rejecting the petitioner's claim under the Delhi Cooperative Societies Act. The court upheld the findings that an amicable settlement existed regarding the sale of inherited flats, negating the existence of a dispute.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMT. SARITA GUPTA ..... Petitioner Through: Mr. R.K. Gupta, Advocate.
versus
REGISTRAR OF CO-OPERATIVE SOCIETIES AND ANR. ..... Respondents Through: Ms. Nidhi Raman, Advocate for R-1.
CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH
O R D E R % 19.09.2019
Dr. S. Muralidhar, J. :
W.P.(C) 6627/2019 Page 1 of 6
W.P.(C) 6627/2019 Page 2 of 6
Rs.92,00,000/- on 22nd February, 2013, she sold the flat allotted to her husband for a sum of Rs.1.04 crore on 22nd April, 2015.
W.P.(C) 6627/2019 Page 3 of 6
the petition is not decided within 90 days by the RCS, is that there is a deemed reference of the dispute for decision under Section 71 of the Act. Under Section 71(1)(a) of the Act, upon receipt of such dispute, the RCS himself is competent to decide the dispute. She states that the impugned order dated 15th July, 2016 was in fact a decision of the RCS in terms of Section 70(3) read with Section 71(1)(a) of the Act.
W.P.(C) 6627/2019 Page 4 of 6
(who was duly authorised to exercise the powers of the RCS) in the present case. He answered the question in the negative. In other words, the Deputy Registrar came to the conclusion that there was no dispute in existence between the parties for being referred for a decision.
W.P.(C) 6627/2019 Page 5 of 6
available to the Petitioner was to seek a declaration in a Court of law and not to produce a bogus death certificate stating that her husband had expired at his residence. This is very different from stating that somebody should be deemed to have not been alive seven years after such person went missing.
S. MURALIDHAR, J. TALWANT SINGH, J. SEPTEMBER 19, 2019 mr
W.P.(C) 6627/2019 Page 6 of 6
2 issues framed by the court
Whether the Deputy Registrar and the Tribunal correctly held that no dispute existed between the parties under Section 70 of the Act due to an amicable settlement.
Whether there was a breach of the 90-day mandate under Section 70(3) of the Act by the Registrar in deciding the claim.
Colour shows how this judgement treated each authority
Shriniwas Puri Mitra Mandal Co-op G.H. Society Limited v. DDAReferred¶24
(1997) 69 DLT 703 (DB) · Who else cites this
Nagar Palika, Mirzapur v. Mirzapur Electrical Supply Company Ltd.Referred¶24
AIR 1990 SC 2273 · Who else cites this
4 provisions across 2 enactments
Smt. Sarita Gupta
Registrar of Cooperative Societies
Cooperative Society
S. Muralidhar
Talwant Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
