Facts
While disposing of this Writ Petition on 26th February 2026, the Court observed a high volume of long-pending disputes involving the Registrar of Co-operative Societies (RCS) related to flat allotments, loan defaults, and regularizations
Source reference: para 2Consequently, the Court directed the RCS office to coordinate with the Delhi High Court Mediation and Conciliation Centre (“SAMADHAN”) to explore the feasibility of a specialized mediation drive
Source reference: para 3Subsequent to these directions, the RCS office filed a status report confirming that meetings were held and a list of approximately 170 suitable cases was identified in coordination with the Court Registry
Source reference: para 4-7The matter was listed on 16th April 2026 to formalize the protocol for the mediation drive
Source reference: para 1, 5Issues
1. Whether disputes involving the Registrar of Co-operative Societies (RCS) regarding membership, loans, and transfers are suitable for resolution through a structured mediation drive
Source reference: para 3, 72. What procedural framework and Standard Operating Procedure (SOP) should be implemented to refer pending RCS litigations to the Delhi High Court Mediation Centre
Source reference: para 5, 9Law Applied
The Court applied the principles of judicial economy and Alternate Dispute Resolution (ADR).
Source reference: para 5, 9It adopted the Standard Operating Procedure (SOP) previously established for the "Special Mediation Drive" directed by the Supreme Court of India
Source reference: para 5, 9The legal framework emphasizes that mediation is an appropriate mechanism for civil disputes involving cooperative societies, specifically those pertaining to membership rights, recovery of loans, and inheritance or substitution of membership
Source reference: para 7Reasoning
The Court analyzed the status report and the Registry's data, noting that out of 230 identified cases, approximately 170 were suitable for mediation after excluding matters where the RCS, GNCTD had no role
Source reference: para 6-7The Court determined that mediation is particularly effective for three specific categories: membership disputes, loan recovery proceedings, and inheritance or transfer of membership
Source reference: para 7Conversely, the Court acknowledged the Mediation Centre's assessment that certain other categories are unsuitable for mediation
Source reference: para 8To ensure efficacy, the Court integrated the logistical capabilities of the DHC Mediation Centre—specifically the availability of 40 mediators for morning sessions—with the judicial oversight of Joint Registrars (Judicial) to facilitate consent-based referrals
Source reference: para 9-10The Court reasoned that following the Supreme Court’s established SOP for special drives would ensure a streamlined and tested process for resolving these long-pending society disputes
Source reference: para 5, 9Holding
The Court held that the identified categories of RCS disputes shall be referred to mediation at the DHC Mediation Centre subject to the consent of the parties
The Court directed the Registry to list these matters on a daily basis before the Joint Registrars (Judicial) for the purpose of such referral
Source reference: para 9, 12The mediation proceedings are scheduled to commence in May 2026, utilizing the morning sessions provided by 40 identified mediators
Source reference: para 10, 12The Court ordered a further compliance and status report to be filed by 25th May 2026
Source reference: para 11Original Court PDF
Braham Din Pandey & Ors.vsThe Sahu Cooperative Urban Tc Soceity Ltd & Anr.
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