Dismissed

Pushpa Thakkar v. Registrar Cooperative Society

Delhi HC10 Jan 2024CONT.CAS(C)/644/2022

Case brief

AI extract

What is this about?

This Court disposed of a contempt petition alleging willful disobedience of an order requiring delivery of possession. The Court noted the flat was handed over in compliance with a prior order and clarified the petitioner's liberty to seek civil remedies for damages and determination of dues.

What did the court decide?

Contempt petition disposed of. No further orders required. Petitioner at liberty to pursue civil remedies regarding damages and dues calculation.

Pushpa Thakkar Vs Registrar Cooperative Society — Contempt of Court | Delhi HC (2024)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 644/2022 & CM APPL. 61777/2023

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PUSHPA THAKKAR ..... Petitioner

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Through: Ms. Nandni Sahni, Mr. Sachin Bandooni, Advs.

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versus

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REGISTRAR COOPERATIVE SOCIETY ..... Respondent

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Through: Mr. Abhinav Singh, Advocate with Ms. Swega Agarwal, Ms. Bhavi, Advocates for R-1. Mob. 9811188892 Email. [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 10.01.2024

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The present contempt petition has been filed alleging willful disobedience of the directions contained in the order dated 12^th August, 2010 passed by this Court in W.P.(C) No. 5298/2010 . In terms of the said order, the respondent-society had been directed to hand over the possession of the flat in question to the petitioner within a period of seven days from the date of the aforesaid order.

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In view thereof, by order dated 6th October, 2023, this Court had directed the Administrator, Mr. PK Khanna and SHO, Police Station, Paschim Vihar to ensure that the possession of the flat bearing no. 114,

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:49:21

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Venus Co-operative CHCS, Paschim Vihar, New Delhi is handed over to the petitioner within a period of one week.

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Today learned counsel appearing for the petitioner submits that in compliance of the order dated 6^th October, 2023, the possession of the flat has already been handed over to the petitioner on 11^th October, 2023. 4. Learned counsel for the petitioner further raises the issue with respect to the damages payable to the petitioner by the respondents on account of delay in handing over the flat to the petitioner. 5. This Court notes that vide order dated 12^th August, 2010 in W.P.(C) No. 5298/2010 , this Court has already granted liberty to the petitioner to pursue civil remedy for seeking damages against the respondent no. 2- society for the delay in handing over the flat in question to her. 6. Thus, the petitioner is at liberty to pursue appropriate civil remedy for the purposes of obtaining damages from the respondent no. 2-society. 7. Learned counsel for the petitioner further submits that the respondent no. 2-society has raised demand to the petitioner for payment of charges payable towards the society dues. However, she submits that the petitioner is not liable to make any payment towards any dues since the petitioner was not in possession of the flat in question before 11^th October, 2023. Thus, she submits that the petitioner is liable to make payment to the society only after 11^th October, 2023 when the possession of the flat was handed over to the petitioner. She disputes the payment of any amount qua which demand has been raised by the respondent no.2-society for the period prior to 11^th October, 2023. However, this issue cannot be adjudicated in the present proceedings. The petitioner is at liberty to seek appropriate remedies in accordance with law with respect to the said issue.

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However, in the meanwhile, it is directed that the respondent no. 2- society shall accept the monthly maintenance charges from the petitioner with effect from October, 2023, without prejudice to its rights and contentions.

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It is further directed that the peaceful possession of the petitioner shall not be disturbed, except with due process of law. 10. This Court clarifies that it has not commented upon the merits of the controversy with respect to dues that may be payable by the petitioner to the respondent no. 2-society.

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Learned counsel appearing for respondent no.1- Registrar of Cooperative Society (“RCS”) submits that a special auditor for the society in question has been appointed by the RCS. She submits that the RCS shall make the calculations towards the dues payable by the petitioner and inform the same to the petitioner.

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Needless to state that if the petitioner is aggrieved by any demands raised by the RCS or the respondent no.2-society, the petitioner is at liberty to seek appropriate legal remedies.

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In view of the aforesaid, no further orders are required to be passed in the present contempt petition. The present contempt petition is accordingly disposed of.

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The next date of hearing, i.e. 26^th February, 2024 is cancelled.

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MINI PUSHKARNA, J

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JANUARY 10, 2024 ak

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:49:21

Pushpa Thakkar v. Registrar Cooperative Society

Case brief

What is this about?

What did the court decide?

Pushpa Thakkar v. Registrar Cooperative Society

Case brief

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