$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25^th March, 2026 Uploaded on: 27^th March, 2026 + W.P.(C) 12/2026 CA COOPERATIVE T/C SOCIETY LIMITED .....Petitioner Through: Mr.JiveshKumarTiwari,Ms.Nandini Aggarwal, Ms. Samiksha Advs. (M:

9990166622)

versus VIVEK KUMAR SINGH & ANR. .....Respondents Through: Mr.ApoorvRastogi,Adv.forR-1.(M:

8800838221)

Mr. Anis Ahmad Adv. for R-2. (M:

9810965275)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL. 18710/2026 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 12/2026 & CM APPL. 18709/2026 (for direction)

3. The present writ petition has been filed by the Petitioner - CA Cooperative T/C Society Limited (hereinafter, the ‘Society’), challenging the impugned order of the Financial Commissioner, Delhi, dated 3^rd November, 2025 (hereinafter, ‘the impugned order’) in Case No. 84/2024 & 85/2024 both titled ‘Vivek Kumar Singh v. CA Cooperative T/C Society Limited &

Anr.’

4. Bythesaidimpugnedorder,theFinancialCommissionerhasremanded theconcernedcasetotheRegistrarCo-operativeSocieties(hereinafter‘RCS’) to consider the various pleas raised by the Respondent No. 1, who had stood as a surety in respect of the loan which was extended by the Society for a sum of Rs.6,00,000/- to one Arpit Singh (hereinafter, ‘the Principal Borrower’).

The said loan facility was granted on 7th February, 2017.

5. Respondent No.1 is an employee of BSNL in Delhi. The background of the case is that the Principal Borrower had not repaid the money he had taken on loan, which led to the Society filing a claim before the RCS on 30^th June, 2018. The sum claimed by the Society was Rs.6,43,062/-.

6. Thereafter, an Award dated 18^th July, 2019 was passed by the ld. Arbitrator, by which it was held that the loan was liable to be recovered from the Principal Borrower, as also the sureties, jointly and severely.The relevant portion of the award is set out below:

“AWARD U/S 71 OF THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003 The CA Cooperative T/C Society Ltd., filed a petition under section 70 of the Delhi Co-operative Societies Act,2003againsttheabovementioneddefendants(No.1 to 4) for recovery of a total claim of Rs.7,92,082/- (as per details given in the A/c's status filed on 8.07.2019). Earlier the case was referred to the undersigned for passing an Award under Section 71 of the Delhi Cooperative Societies Act, 2003.

2. In exercise of the powers conferred on me as Registrar's Nominee, summonses were sent to all the parties to appear before me on 8^th July, 2019 at 5.30 PM. This day Shri Masood Hussain authorized representative of claimant society was present. Defendant No.3 & 4 were also present. None present from defendant No.1 & 2. Notice to defendant No. 1 &

2 issued again for 18.07.2019 as one more opportunity. Both of them were again absent on 18.07.2019 and notices returned as 'left house'. Sufficient opportunity has been given to the both of them. I have no option but to decide the case accordingly, preceded ex-parte against defendant No.1 & 2.

3. I have considered the full facts of the case brought out before me, after having gone through the records available and after hearing the claimant in detail I convinced with the genuineness of the claim and therefore, pass the Award as under:

4 The defendants are directed to pay jointly and severally to CA Co-operative T&C Society Ltd.

i) Loan Balance Rs.5,93,546/- ii) Intt. @ 18% +3% p.a. Rs.1,49,020/-

(upto 8.7.19)

iii) Arbitration Cost Rs.49,516/-

Total Rs.7,92,082/-

(Rupees Seven Lakhs Ninety Two Thousand Eighty two only)

Further interest @ 18% + 3% p.a on the outstanding principalamountw.e.f.09.07.2019tillrealizationinfull & final of the principal sum is also allowed.

Given under my hand and seal on the 18.07.2019.”

7. Respondent No.1 then filed an appeal before the DCT challenging the said award dated 18th July, 2019, but no stay has been granted by the