TRIPTA SHARMA & ANR. v. FINANCIAL COMMISSIONER, DELHI & ORS.
W.P.(C)/14898/2022 · 2026-03-23
Madhu Jain, Prathiba M Singh
Writ Petition (Civil)body2022
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[ 2022 DAILYLAW 2456 (DEL) · dailylaw.ai ]
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[ 2022 DAILYLAW 2456 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 14898/2022
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI +
W.P.(C) 14898/2022
TRIPTA SHARMA & ANR. .....Petitioners Through: Mr. Tanmaya Mehta, Mr. Shivam Goel, Ms. Ramya S. Goel, Ms. Sanya Sharma and Mr. Jatin Dua, Advs.
versus
FINANCIAL COMMISSIONER, DELHI & ORS. .....Respondents Through: Mr. Arvind K Nigam Sr. Advocate with Mr. Pradyumn Rao and Mr. Amit P Shahi, Advocates for R-3 to 6 (M:
9999952258). CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
O R D E R %
17.04.2026
1. This hearing has been done through hybrid mode. CM APPL. 25189/2026 (for implementation of order)
2. This is an application filed by the Applicant/Respondent No. 4 seeking implementation of the order dated 23rd March, 2026 passed by this Court. 3. On 23rd March, 2026, the Court was informed that the parties had resolved their disputes and a settlement agreement had been executed. On the basis of the terms of this settlement agreement, the Court had issued the following directions:
“15. The Court has perused the settlement agreement. The settlement terms are lawful and there is no impediment in recording the same. Accordingly, the settlement agreement is taken on record. The same shall be binding on all the signatories to the agreement including the two beneficiaries. 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 20/04/2026 at 15:34:31
W.P.(C) 14898/2022
16. The Court has been informed that the Society was duly represented in the mediation proceedings. Mr. Sandeep Kumar, ld. Counsel for the Society submits that the Society would be willing to transfer membership of the plot which has been kept vacant, in view of Smt. Vijay Lakshmi Sharma’s membership, jointly to Ms. Kanika Sharma and Ms. Nupur Bhaskar. However, all dues of the Society have to be cleared. In the opinion of this Court, the Society had a duty to participate actively in the Mediation proceedings and inform the parties of the dues if any and other formalities to be completed so that the settlement could be comprehensive. The society has deliberately stayed silent, despite being present and has now started raising issues relating to dues and other formalities to be completed.
Needless to add, the Settlement would be liable to be given effect to by the Society. 17. Under these circumstances, the following directions are issued by this Court:- i) All the parties shall be bound by the settlement agreement dated 10th February, 2026. ii) The beneficiaries i.e., Ms. Kanika Sharma and Ms. Nupur Bhaskar or their Authorised Representatives shall appear before the Society on 6th April, 2026 at 11.30AM. On the said date, any responsible office bearer of the Society shall communicate the amount to be paid by the beneficiaries for transfer of the membership in favour of the beneficiaries. It is made clear that if any other formalities have to be completed, the same shall be concluded on the very same day. iii) The amount due shall be equally shared and deposited by the beneficiaries to the Society by 30th April, 2026. Upon the said deposit being made, the membership of the plot of late Smt. Vijay Lakshmi Sharma shall be transferred to the beneficiaries. iv) The Society shall send the names of the beneficiaries as joint allottees to the RCS along with an NOC. The said communication shall be sent by 15th May 2026. The RCS shall also recommend the name of the beneficiaries to the DDA for 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 20/04/2026 at 15:34:31
W.P.(C) 14898/2022
joint allotment in their favour by 15th May 2026. v) The DDA shall thereafter, issue the allotment in favour of the beneficiaries by 30th June 2026. vi) If the beneficiaries wish to convert the plot from leasehold to freehold they are free to approach the DDA for the same. The DDA shall expeditiously enable conversion, subject to completion of formalities and payment of conversion charges.
18. Needless to add, the beneficiaries are at liberty to move an application before this Court if the Society raises any unreasonable demand of dues or if the RCS or DDA do not give effect to this order in a timely manner.”
4. In terms of the said directions, the Society was to communicate the demand for transfer of membership to the beneficiaries on 6th April, 2026. 5. However, today, it is submitted by Mr. Arvind K Nigam, ld. Sr. Counsel that the said demand has not been communicated by the Society to the beneficiaries till date. 6. Mr. Arvind K Nigam, ld. Sr. Counsel further submits that all the paper work and documentation was completed by the parties on 6th April, 2026 itself. 7. Accordingly, issue notice in the application. 8. The Secretary of the Delhi Union Cooperative House Building Society Ltd. shall be personally responsible to communicate the demands to the beneficiaries, in terms of the order dated 23rd March, 2026, so that the same can be paid as per the deadline fixed by the Court. 9. If the said demand is not communicated by Tuesday, i.e. 21st April, 2026, the Secretary of the Society shall remain present in Court on the next date of hearing. 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 20/04/2026 at 15:34:31
W.P.(C) 14898/2022
10. Let a copy of this order be communicated by the Registry to Mr. Sandeep Kumar, ld. Counsel, who had appeared for the Society on 23rd March, 2026. 11. List on 22nd April, 2026 in the supplementary list. PRATHIBA M. SINGH, J.
MADHU JAIN, J.
APRIL 17, 2026 MR/ss 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 20/04/2026 at 15:34:31