Single judge order dismissing a writ petition where the petitioner failed to disclose a pending civil suit seeking identical relief regarding wrongful termination of membership, citing bar by res judicata principles, delay, and laches.
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$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
NIJI SAPRA .....Petitioner Through: Mr. Ajay Veer Singh, Mr. Shubham Singh, Mr. Uday Ram Bokadia, Ms. Mahima Shebhar, Advs.
versus UNION OF INDIA AND ANR. .....Respondents Through: Mr. Raunak Dhillon, Ms. Isha Malik, Mr. Jeezan Riyaz Pakhliwal, Advs. Mr. Prateek Kumar, Ms. Raveena Rai, Ms. Moha Paranjpe, Mr. Siddhant Grover, Advs. for Defendant No.1 Ms. Shiva Lakshmi (CGSC) along with Mr. Hussain Taqvi (GP) and Mr. Vishnu Prabhakar Pathak, Mr. Chaman Prakash, Mr. Deepak Gupta, Mr. Harshvardhan Pathak, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 19.05.2025
“A. Issue a Writ or order in nature of Mandamus to direct to Respondent No. l to enforce its order dated 20.09.2022 holding Mr. Rajiv Hora’s, Secretary appointment, void ab initio and direct the Respondent No. 1 to enforce order dated 20.09.2022 for fresh selection of Secretary, in terms of NCLAT and NCLT orders.
B. Issue a Writ or order in nature of Mandamus to Direct the Respondent No. 1 to file action taken report on complaints by members, staff from 2023 till date and further direct the Respondent No. l to file details of action taken by Regional Director (North) vide order dated 20.06.2024.
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 01/07/2025 at 19:44:10
C . Issue a Writ or order in nature of Mandamus to direct Respondent No. l to enforce the NCLT order dated 15.03.2022.
D. Issue a Writ or Order in nature of Quo Warranto to declare the petitioner’s Termination Notice dated 01.05.2019 void ab initio.
E. Pass any other further order (s )/ Direction (s ) as this Hon’ ble Court may deem fit and proper under the facts and circumstances of the case.”
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 01/07/2025 at 19:44:10
termination of membership was pursuant to a communication dated 08.03.2022. Moreover, the grievances of the petitioner in W.P.(C) 2095/2025 are in a different canvass altogether vis-a-vis grievances of the petitioner in the present case.
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 01/07/2025 at 19:44:10
agitate the same by way of these proceedings. This Court is constrained to record its dismay at the conduct of the petitioner in not making adequate disclosure/s in the writ petition.
SACHIN DATTA, J
MAY 19, 2025/ at
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 01/07/2025 at 19:44:10
2 issues framed by the court
Whether to entertain a writ petition seeking enforcement of NCLT/NCLAT orders regarding club affairs and declaration of membership termination void.
Whether the petitioner can raise grievances regarding membership termination when identical relief is sought in a pending civil suit.
NIJI SAPRA
UNION OF INDIA
DELHI GYMKHANA CLUB
SACHIN DATTA
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
