Synopsis

A member of a cooperative group housing society filed a claim under Section 60 of the Delhi Co-operative Societies Act, 1972, seeking affirmation of his membership and allotment of a flat. The Cooperative Court (arbitrator) allowed the claim, directing the society to include his name in the list of members, issue a demand notice, and after realisation of dues, forward his name for allotment of a flat. The society appealed to the Delhi Co-operative Tribunal, which dismissed the appeal. The society filed a review petition, which was partly allowed – the Tribunal set aside the direction for allotment of a flat but affirmed the member’s status as a bonafide member. The society then filed a writ petition before the High Court, contending that the member had not made any substantial payment (only Rs.110) and therefore should not be recognised as a member. The Division Bench held that the society never took steps to remove him, and he had obtained an award in his favour. The court refused to interfere, leaving the society free to take appropriate action under the Act and Rules regarding non‑payment, but upholding the member’s bonafide membership status.

Court: High Court of Delhi

Coram: Hon’ble Ms. Justice Prathiba M. Singh and Hon’ble Ms. Justice Madhu Jain (Division Bench)

Date of Judgment: 7th May, 2026 (uploaded on 8th May, 2026)

Citation: W.P.(C) 13990/2022 (unreported)

Core Law: Delhi Co-operative Societies Act, 1972 – Section 60 (reference of disputes); Delhi Co-operative Tribunal – powers of appeal and review

1. Heading of the judgment

High court of delhi

W.p.(c) 13990/2022 & cm appl. 42778/2022

Chopra co-operative group housing society ltd. (petitioner) vs. Registrar, co-operative societies, govt. of nct of delhi and anr. (respondents)

Coram: hon’ble ms. justice prathiba m. singh and hon’ble ms. justice madhu jain

Date of decision: 7th may, 2026 (uploaded on 8th may, 2026)

2. Legal framework

Major laws and provisions involved:

Delhi co-operative societies act, 1972 – section 60 (reference of disputes to cooperative court/arbitrator for decision), section 76 (appeal to cooperative tribunal), section 77 (review by tribunal)

Delhi co-operative societies rules, 1973 – rules g

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