Vivek Malhotra Vs Registrar Cooperative Societies , Delhi… — Contempt of Court | Delhi HC (2025)

Vivek Malhotra Vs Registrar Cooperative Societies , Delhi… — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of after compliance was effected (allotment of the flat on 5 August 2025 and delivery of possession on 10 August 2025); pending applications, if any, rendered infructuous; apology of respondent no.1 taken on record; appearances of counsel for respondents no.1 and no.2 retrospectively marked in the order dated 31 July 2025.

Issue for consideration

Whether the directions of this Court's order dated 28 May 2025 concerning allotment of the flat to the petitioner and delivery of its possession had been effectively complied with by the RCS/DDA. +1 more

Court's answer

The Court accepted the categorical statements that the flat was allotted to the petitioner on 5 August 2025 with a DDA communication issued to him, and that possession was delivered by the Society on 10 August 2025, whereby the petitioner's entire grievance stood redressed.

Ratio / Principle

Notwithstanding the earlier order of 7 August 2025 to proceed against the RCS under the Contempt of Courts Act, 1971, the Court declined to haul the RCS under that Act, having regard to the expressed bona fides about effective compliance of the order dated 28 May 2025 and the no-objection of the petitioner's counsel.

Key takeaways

In view of the compliance effected and the petitioner counsel's no-objection, the Court deemed it appropriate to accept the statements made and to dispose of the petition.ratio¶¶16
The apology tendered on behalf of respondent no.1 was taken on record.ratio¶¶17
Assurance was recorded that the RCS shall be more diligent in reporting compliance with the orders of this Court.obiter

Detailed headnote1 paragraphs

High Court of Delhi — W.P.(C) 5039/2025 & CM APPL. 43879/2025 (Vivek Malhotra v. Registrar Cooperative Societies, Delhi & Ors.), decided 11 August 2025 by Nitin Wasudeo Sambre and Anish Dayal, JJ. At a compliance hearing held pursuant to the Court's order dated 7 August 2025 — by which the Court, having noticed non-compliance of its order dated 28 May 2025, was to proceed under the Contempt of Courts Act, 1971 against the Registrar Co-operative Societies ('RCS') — counsel for the petitioner reported that lots had been drawn, the flat in question had been allotted to the petitioner on 5 August 2025 with a communication issued to him by the DDA, and that possession of the allotted flat had been delivered by the Society on 10 August 2025 so that his entire grievance stood redressed. Declining, in view of the expressed bona fides about effective compliance and the petitioner counsel's no-objection, to haul the RCS under the Contempt of Courts Act, the Court accepted the statements made, took on record the apology tendered on behalf of respondent no.1, recorded assurances that the RCS would report compliance more diligently and that the affidavit of the Vice Chairman, DDA would be placed on record within the scheduled time, directed that the appearances of counsel for respondents no.1 and no.2 (which had been inadvertently unmarked from 31 July 2025) be treated as marked, and disposed of the petition with pending applications rendered infructuous. Order uploaded on the Court's website.

$~54

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 5039/2025 & CM APPL. 43879/2025 VIVEK MALHOTRA .....Petitioner

Through: Mr. Rajiv Vig, Advocate.

versus

REGISTRAR COOPERATIVE SOCIETIES , DELHI & ORS. .....Respondents

Through: Mr. Manashwy Jha, Panel Counsel (Civil), GNCTD with Mr. Kshitiz Rai, Advocates & Mr. Krishna Kumar Singh (I.A.S.), RCS, Mr. Rajeev Chhabra (ARCS), Mr. Abhinav Sharma, S.O. for R-1. Ms. Mrinalini Sen Gupta, Ms. Nishtha Tyagi, Mr. Abhishek Gupta, Advocates for DDA/R-2. Mr. Yogesh Saini, Mr. R.B. Shukla, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

In compliance of the orders of this Court dated 7^th August 2025, wherein this Court has noticed non-compliance of the order dated 28^th May 2025, and was to proceed under the Contempt of Courts Act, 1971 against the Registrar Co-operative Societies ( ‘RCS’ ), it is brought to our notice by

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 14/08/2025 at 12:21:42

counsel for petitioner that not only lots were drawn but also the allotment of flat in question was made on 5^th August 2025, and a communication is already issued by the Delhi Development Authority (‘ DDA ’) to that effect to petitioner.

A further categorical statement is made that yesterday, i.e. on 10^th August 2025, the possession of the flat which was allotted to petitioner was already delivered by the Society and his entire grievance stood redressed.

The fact remains that we could have hauled the RCS under the Contempt of Courts Act as had been ordered on 7^th August 2025; however, having expressed bona fides about effective compliance of the order dated 28^th May 2025 and the no-objection extended by the counsel for petitioner, we deem it appropriate to accept the aforesaid statement and dispose of this petition.

Accordingly, the petition is disposed of, and pending applications, if any, are rendered infructuous.

The apology tendered on behalf of respondent no.1 is taken on record.

It is assured to us that RCS shall be more diligent in reporting compliance with the orders of this Court.

It is also assured that the affidavit of the Vice Chairman, DDA , shall be placed on record within the scheduled time.

Learned counsel appearing for respondent no.1 as well as for respondent no.2 submit that though they had appeared on 31^st July 2025, their appearance has not been marked inadvertently.

The appearance of Mr. Manashwy Jha, Panel Counsel (Civil), GNCTD and Mr. Abhishek Gupta, counsel for the DDA may be treated as marked in the order dated 31^st July, 2025.

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 14/08/2025 at 12:21:42

Order be uploaded on the website of this Court.

NITIN WASUDEO SAMBRE, J

ANISH DAYAL, J

AUGUST 11, 2025/ ak/bp

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 14/08/2025 at 12:21:42