ANKIT SAXENA vs ROOPVILLA CO-OPERATIVE GROUP HOUSING SOCIETY LTD AND ANR

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17th July, 2025 + W.P.(C) 10078/2025 ANKIT SAXENA .....Petitioner Through: Mr. Anil Mittal Adv. versus ROOPVILLA CO-OPERATIVE GROUP HOUSING SOCIETY LTD AND ANR .....Respondents Through: Ms. Urvi Mohan, Adv. with Mr. Sameer Shandilya, Sr. Asst., RCS CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Ankit Saxena under Articles 226 and 227 of the Constitution of India, inter alia, assailing the order dated 28th March, 2023 in Case No. 54/2016 passed by the Financial Commissioner (hereinafter, ‘impugned order’). 3. The brief background is that the Petitioner was inducted as a member of the Roopvilla Co-operative Group Housing Society Ltd. (hereinafter, ‘Society’) since 2006. There were certain allegations against the then President, Mr. V.K. Gupta of having recorded certain false minutes of the General Body Meeting (hereinafter, ‘GBM’). It was alleged that the Petitioner was cooperating with Mr. V.K.Gupta, which led to issuance of the following Show Cause Notices (hereinafter, ‘SCNs’) dated 16th February, 2011, 11th Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 10078/2025 Page 1 of 7 Signing Date:19.07.2025 15:55:27 July, 2011, 1st August, 2011 and the final SCN on 11th November, 2011. Finally, the Society expelled the Petitioner from the membership of the Society. 4. The expulsion order was forwarded by the Society to the Registrar Cooperative Societies (hereinafter, ‘RCS’). The said Registrar rejected the expulsion order which was challenged by way of a writ petition being W.P.(C) 5965/2012 titled ‘Roopvilla Cooperative GH Society Ltd v. Lt. Governor