[Cites 1, Cited by 0]
Delhi High Court
Bharti Cooperative Thrift And Credit ... vs Registrar Cooperative Societies Delhi ... on 18 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18th March, 2026.
Uploaded on: 24th March, 2026
+ W.P.(C) 11/2026
BHARTI COOPERATIVE THRIFT AND CREDIT SOCIETY LTD.
.....Petitioner
Through: Mr. Rajiv Vig, Adv.
versus
REGISTRAR COOPERATIVE SOCIETIES DELHI & ORS.
.....Respondents
Through: Ms. Urvi Mohan, Adv. for GNCTD.
Ms. Tajinder Virdi, SC for DDO. (M:
9818834444)
Mr. Kamleshwar Sahu, ADE/CLZ and
Mr. Charan Singh, Teacher, MCD
School, Officials (DDO)
Ms. Meenakshi Sharma, SO and Mr.
Sameer Shandiya, Sr. Asst.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (ORAL)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner Society i.e., Bharti
Cooperative Thrift and Credit Society, inter alia, seeking issuance of an
appropriate writ directing the Respondent No. 3 - Drawing and Disbursing
Officer (hereinafter "DDO") to take appropriate action to enforce the Award
dated 23rd September, 2017 passed in Arbitration Case No.
298/AR/ARB/17-18 (hereinafter "the Award").
3. A brief background of the present case is that, the Respondent No. 4
Mr. Charan Singh had availed a loan from the Petitioner Society. However,
he failed to repay the subject loan.
4. Consequently, the Petitioner Society initiated arbitration proceedings
against Mr. Charan Singh and his sureties in terms of Section 71 of the Delhi
Cooperative Societies Act, 2023 (hereinafter "DCS Act"). The said
proceedings culminated in the Award directing Mr. Charan Singh and his
sureties to repay the subject loan.
5. Thereafter, sometime in 2017-2018, the Petitioner Society filed an
execution petition under Section 105(a) of the DCS Act before Respondent
No. 2 - Assistant Collector Grade-1, Office of Registrar Cooperative
Societies, since Mr. Charan Singh and his sureties failed to repay the subject
loan.
6. The grievance of the Petitioner Society is that the execution
proceedings are not being dealt with in a stern and stringent manner by the
Registrar of Cooperative Societies, as the RCS and its officers have failed to
take effective steps for recovery of the pending dues as arrears of land
revenue. Mr. Charan Singh had availed the loan from the Petitioner Society,
and despite the Award having been passed, he is not paying the subject loan
dues.
7. At this stage, it is noted that the Petitioner Society had earlier also
preferred a writ petition against another individual namely Mr. Purshottam
Gautam, who was similarly placed as Mr. Charan Singh. The said petition
being W.P.(C) 18819/2025 had been considered on the last date i.e., 7th
January, 2026 along with the present petition. In the said connected matter of
Mr. Purshottam Gautam, the Court had directed as under:
"9. In W.P.(C) 18810/2025, an affidavit dated
5th January, 2026 has also been filed by the
Registrar Cooperative Societies (hereinafter,
'RCS') that the action of attachment of salary and
immovable and movable property is to be taken.
However, since there is a shortage of staff, the same
could not be taken.
10. Heard. There can be no reason as to why
awards which were passed way back in 2017, in
both these matters, have not yet been implemented
or executed. The borrowers in both these cases are
teachers who are working in government schools.
11. At this stage, Mr. Purshottam Gautam, who is
present in Court submits that he is working in a
government school as a teacher and presently he is
only receiving Rs.47,000/- as salary in his bank
account, after deduction of Rs.1,02,000/- towards
various loans which he has availed from banks and
societies. Insofar as the Petitioner Society is
concerned, he submits that Rs.5,000/- per month is
being deducted from his salary towards the
Petitioner society from July-August, 2025.
12. However, the aforesaid fact has not been
clarified either by the RCS or by the DDO. Let the
RCS and DDO seek instructions in this regard, and
if any amount has been recovered from the
particular borrower, the same shall also be credited
to the Petitioner Society.
13. In view of the fact that the deductions are stated
to have already been made in respect of this
particular borrower, let the deductions of
Rs.5,000/- continue till the entire amount is paid to
the Petitioner Society. The Petitioner Society is at
liberty to follow up with the DDO and with the RCS
for crediting the amount in its bank account.
14. Accordingly, W.P.(C) 18810/2025 is disposed of
in these terms."
8. Thus, in respect of Mr. Purshottam Gautam, who is similarly placed as
Mr. Charan Singh, the acceptable method for recovery of the pending dues
was monthly deduction of a sum of Rs. 5000/- from his salary, till recovery
of the loan.
9. Insofar as Mr. Charan Singh is concerned, on 7th January, 2026, notice
was issued. He is present today. The Court has been informed that he is also
working as a school teacher in an MCD school.
10. Ms. Tajinder Virdi, ld. Counsel for the DDO, submits that since Mr.
Charan Singh is a school teacher in an MCD school, she is also appearing on
his behalf. She submits that if the Petitioner Society communicates the actual
pending dues the same may be recovered by deduction from his salary, similar
to Mr. Purshottam Gautam.
11. Considering the above, it is directed that the Petitioner Society shall
communicate the actual dues to Mr. Charan Singh by 31st March, 2026.
Thereafter, from 1st April, 2026 onwards, the pending dues shall be paid by
Mr. Charan Singh with a deduction of Rs.5,000/- per month from his salary.
12. The writ petition is accordingly disposed of in the above terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 18, 2026/ys/msh
