$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 9^th March, 2026 Uploaded on: 11^th March, 2026 + W.P.(C) 14673/2021 & CM APPL. 14149/2026 URMILA @ SUMAN DECEASED THROUGH LRS (SH. UTTAM CHAND) .....Petitioner Through: Mr. Pranav Sachdeva, Mr. P. Rohit Ram, Ms. Mishra Divya Santosh, Mr. Sanyaml Jain &Ms. Khusboo Singhal, Advs. (M: 7397258035).

versus THE NAV JAGRITI CGHS LTD & ORS. .....Respondents Through: Mr. Sumeer Sharma, Adv. for Society.

Mr. Sanjay Katyal, SC with Mr. Nitish Kumar Danda, Advocate for DDA.

Ms. Avni Singh Panel Counsel for GNCTD.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition is another example of how Cooperative Group housing Society has caused harassment to the members, without any valid reason.

3. The present petition was listed along with W.P.(C) 9772/2018 on 1st July, 2025. Vide a detailed judgment passed by this Court on 1^st July, 2025, the facts relating to the present petition were considered and various directions were issued by the Court. The Court was dealing with a situation where two members of the Nav Jagriti CGHS Ltd. (hereinafter, ‘Society’) i.e., Mr. H.S Banga and Mr. Kartara Ram were seeking allotment of Flat No. 10 in the Society. However, vide order dated 1st July, 2025, the Court had decided the issue of allotment of flat No. 10 and the same was allotted in the favour of Mr. H.S Banga.

4. The question that remains to be adjudicated in the present case is two fold:

i) The pending dues of the Petitioner that are to be paid to the Society, if any;

ii) whether there are any other claimants of the flat in question and which flat has to be allotted to the Petitioner.

5. The brief background of the present petition is that the Petitioner’s father, Mr. Kartara Ram was one of the founding members of the Society. Mr. Kartara Ram is stated to have passed away on 8th October, 1998 and his wife, Mrs. Pritam Kaur had sought substitution in the membership of the Society, in place of her husband. The same was not acceded to by the Society leading to the filing of a writ petition by Mrs. Pritam Kaur.

6. The writ petition being W.P.(C) 8476/2007 titled ‘Smt. Pritam Kaur v. Registrar Coop. Societies & Ors.’ seeking substitution in the membership of the Society was allowed vide order dated 21st April, 2008. In the said order, it was recorded as under:

“1. Rule D.B.

2. With the consent of the parties, we have taken up this writ petition for disposal as only a short question is involved.

3. Petitioner by this writ petition seeks execution of order dated 28th August, 2002 as also a direction to the Society to hand over a flat of HIG category to the Petitioner, for which the entire payment has been made. Vide the said order passed in appeal it was held that Petitioner being widow of deceased Kartara Ram was entitled to transfer of the membership subject to furnishing Succession Certificate.

4. The reply tendered by Mr. Bhardwaj on behalf of the Society is taken on record. Mr. Bhardwaj appearing on behalf of the Society submits that there was failure on the part of the Petitioner to submit the Succession Certificate within the stipulated time of three months. Hence, the Respondents thereafter proceeded to treating the membership as vacancy especially in the absence of any communication from the Petitioner regarding the status of obtaining the Succession Certificate.

5. A cursory perusal of the pleadings on record and the dates and events tell a different story. The Society had initiated expulsion proceedings against several members including the deceased on account of default in payment of dues. In the view of the demise of Shri Kartara Ram and its intimation being given to the Society on 15th June 1999, the expulsion orders were passed against defaulting members except the deceased. 6. The Registrar, Cooperative Societies, vide its order dated 28th August, 2002 after reviewing the documentation on recor