C.A. COOPERATIVE THRIFT AND CREDIT SOCIETY LTD. vs REGISTRAR OF COOPERATIVE SOCIETIES AND ORS.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 7th May, 2026 Uploaded on: 8th May, 2026 + W.P.(C) 8212/2019 & CM APPL. 34060/2019 C.A. COOPERATIVE THRIFT AND CREDIT SOCIETY LTD. .....Petitioner Through: Mr. S K Sharma, Adv. versus REGISTRAR OF COOPERATIVE SOCIETIES AND ORS. .....Respondents Through: Mr. Lalltaksh Joshi, Ms. Minu Kumari, Advs. for R-1 CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh J.,(Oral) 1. The present petition, inter alia, challenges the impugned order dated 22 February, 2019 passed by the Delhi Cooperative Tribunal (hereinafter “DCT”) in Appeal No. 27/2018/DCT dismissing the appeal of the Petitioner Society. 2. The said appeal arises out of an Award dated 22nd April, 2017 passed under Section 71 of the Delhi Co-operative Societies Act, 2003 (hereinafter “the Act”). 3. The brief facts of the case are that the Petitioner Society had sanctioned a loan of Rs. 2,00,000/- to one Sh. Sheoraj Singh - Respondent No. 2 in respect of which certain persons had stood as surety who are Respondent Nos. 3 to 5. Signature Not Verified Signed By:RENUKA W.P.(C) 8212/2019 Page 1 of 4 NEGI Signing Date:08.05.2026 15:43:30 The said loan was to be repaid in 36 monthly instalments. The Respondent No. 2 is stated to have defaulted in repaying the said loan and in this regard the Petitioner Society had filed a claim for recovery of its dues under Section 70/71 of the Act. 4. The matter was referred to the Arbitrator and during the arbitration proceedings, Respondent No. 3 - Sh. Kanwar, is stated to have expressed that in his financial condition he has taken enough steps to contact the principal debtor/Respondent No. 2 and influence his family to repay the loan. However, they have not repaid. Accordingly, vide Award dated 22nd April, 2