Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Del) 868

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ.
Delhi Union Chbs Ltd. And Anr. - Petitioners
Versus
Registrar Cooperative Societies And Ors. - Respondents
W.P.(C) 6336 of 2026
Decided On : 11-05-2026

Advocates Appeared:
For the Petitioner: Mr. Sandeep Kumar, Adv.
For the Respondent: Mr. Shashi Pratap Singh, Ms. Laqshyaa Saluja and Ms. Anamika Tyagi, Advs. Mr. Rajiv Vig, Adv.

A court may exercise writ jurisdiction to provide interim protection and schedule an urgent hearing when the designated statutory appellate remedy is rendered temporarily ineffective due to the unavailability of the presiding authority, thereby preventing potential irreparable harm to the petitioner.

Headnote:(A) Cooperative Societies Act, 2003 - Sections 37 and 112(1)(e) - Writ petition against order of statutory authority - Appeal pending before appellate authority - Temporary unavailability of appellate authority due to leave - Court intervention to grant interim protection and direct early hearing of appeal. (Paras 4, 5, 8)

Facts of the case:
The petitioners challenged an order passed by a statutory authority. An appeal was preferred before the appellate authority; however, the appeal could not be heard as the presiding officer was on leave. The petitioners sought judicial intervention to safeguard against coercive action until the appeal could be adjudicated.

Findings of Court:
In the interest of justice and to prevent irreparable prejudice, the court directed the appellate authority to hear the appeal on a fixed date and granted interim protection to the petitioners against coercive actions arising from the impugned order in the interim.

Issues: Whether a writ petition is maintainable to seek interim relief when the designated statutory appellate authority is temporarily unavailable to consider a stay application.

Ratio Decidendi: When a statutory appellate remedy is rendered ineffective due to the temporary unavailability of the adjudicating authority, a constitutional court may exercise its jurisdiction to preserve the status quo and ensure that the aggrieved party is not subject to coercive action before the remedy can be pursued.

Result: Writ petition disposed of with directions.

Table of Content
1. standard procedural disposal of ancillary applications. (Para 1 , 2 , 3)
2. factual basis regarding availability and pendency of alternate statutory remedy. (Para 4 , 5 , 6)
3. court facilitation of interim relief based on mutually agreeable consensus. (Para 7)
4. issuance of binding interim directions pending final administrative adjudication. (Para 8 , 9 , 10)

ORDER :

C. HARI SHANKAR, J.

CAV 219/2026

1. As the respondents have entered appearance, the caveat stands discharged.

CM APPL. 31203/2026 (for exemption)

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

W.P.(C) 6336/2026 & CM APPL. 31202/2026 (for stay)

4. This writ petition is directed against the order dated 28 April 2026 passed by the Registrar of Cooperative Societies under Section 37 of the Delhi Cooperative Societies Act, 2003 “the Act”, hereinafter.

5. An appeal against the impugned order lies before the learned Financial Commissioner “FC”, hereinafter under Section 112(1)(e) of the Act. An appeal in fact stands preferred before the learned FC, annexed as Annexure B to this writ petition.

6. However, as the learned FC is on leave presently, and is re-joining on 14 May 2026, the appeal is not being listed. It is for this purpose that the present writ petition has been filed.

7. Though Mr. Shashi Pratap Singh, learned Counsel for the Respondent 1 submits that this writ petition would not lie at the instance of Petitioner 1, though Petitioner 2 could maintain the petition, nonetheless, learned Counsel fairly agree to a disposal of this writ petition with a direction to the learned FC to take up the appeal, or the stay application, which has been preferred before him for consideration on a date to be fixed by the Court and protecting the petitioners in the interregnum from any coercive action on the basis of the impugned order dated 28 April 2026.

8. Accordingly, the writ petition is disposed of in the following terms:

(i) The learned FC is requested to take up the appeal, annexed as Annexure B to this writ petition on 19 May 2026, or the stay application filed therewith, tentatively at opening of the Court.

(ii) Till that date, the petitioners are protected from any coercive action on the basis of the order dated 28 April 2026.

9. The writ petition is accordingly disposed of.

10. Dasti.

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2026 Supreme(Del) 868

IN THE HIGH COURT OF DELHI AT NEW DELHIC. HARI SHANKAR, OM PRAKASH SHUKLA, JJ.Delhi Union Chbs Ltd. And Anr. - PetitionersVersusRegistrar Cooperative Societies And Ors. - RespondentsW.P.(C) 6336 of 2026Decided On : 11-05-2026

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ.
Delhi Union Chbs Ltd. And Anr. - Petitioners
Versus
Registrar Cooperative Societies And Ors. - Respondents
W.P.(C) 6336 of 2026
Decided On : 11-05-2026