Disposed¶13

Shree Chaitanya Cooperative Bank Limited and Anr. v. State of West Bengal and Ors.

Calcutta HC20 Jan 2026WPA/29810/2025

Case brief

AI extract

What is this about?

Co-operative bank loan recovery; writ of mandamus for deduction of loan dues with interest from employee's salary; award dated July 10, 2024 in Case No. 81 of 2023-2024 by Assistant Registrar of Co-operative Societies, Cooperation Directorate, Nadia Range; Section 143 West Bengal Co-operative Societies Act 2006; second schedule serial no. 6; recovery as decree under Code of Civil Procedure; WPA 29810 of 2025 disposed with liberty to pursue statutory recovery; no costs; Hiranmay Bhattacharyya, J.; decision date 20.01.2026.

What did the court decide?

Liberty granted to the petitioners to avail of the recourses available under the West Bengal Co-operative Societies Act, 2006 for recovery of the amount under the award dated July 10, 2024 in accordance with law; no order as to costs. ¶13

Shree Chaitanya Cooperative Bank Limited and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether a writ of mandamus should be issued directing respondent no.5 to deduct/realize the due loan amount with accrued interest under the award dated July 10, 2024 from the monthly salary of respondent no.6 till realization of dues.

¶8

Court's answer

On going through the award dated July 10, 2024, the Court found that the award itself had granted the petitioners liberty to recover the amount indicated therein under Section 143 of the West Bengal Co-operative Societies Act, 2006 in the manner provided in serial no. 6 of the second schedule of the 2006 Act or as a decree of the court under the Code of Civil Procedure.

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Ratio / Principle

WPA 29810 of 2025 stands disposed of by giving liberty to the petitioners to avail of the recourses available under the 2006 Act for recovery of the amount under the said award in accordance with law.

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Detailed headnote1 paragraphs

Shree Chaitanya Co-operative Bank Limited & Anr. moved WPA 29810 of 2025 for a writ of mandamus directing respondent no.5 to deduct/realize the due loan amount with accrued interest under an award dated July 10, 2024 (Case No. 81 of 2023-2024, Assistant Registrar of Co-operative Societies, Cooperation Directorate, Nadia Range) from the monthly salary of respondent no.6 till realization. The Court (Hiranmay Bhattacharyya, J., order dated 20.01.2026) noted that the award itself had granted the petitioners liberty to recover the amount under Section 143 of the West Bengal Co-operative Societies Act, 2006 in the manner provided in serial no. 6 of the second schedule of the 2006 Act or as a decree of the court under the Code of Civil Procedure, and disposed of the writ petition granting liberty to the petitioners to avail the recourses available under the 2006 Act for recovery in accordance with law. No order as to costs.

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Sl.142 20.01.2026 Court No.19 BP

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WPA 29810 of 2025

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Shree Chaitanya Co-operative Bank Limited & Anr.

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-versus-

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The State of West Bengal and others

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Mr. Tapas Kumar Bhattacharya Mr. Aviroop Bhattacharya ..for the petitioners

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Mr. Pradeep Kumar Roy, Sr. Advocate Mr. Partha Sarathi Pal ..for the respondent nos. 2 and 3

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The petitioners have approached this Court for issuance of a writ of mandamus directing the respondent no.5 to deduct/realize the due loan amount including accrued interest as per the award passed in a dispute case from the salary of the respondent no.6 in every month till the realization of dues.

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Mr. Bhattacharya, learned advocate appearing for the petitioners submits that an award was passed by the Assistant Registrar of Co-operative Societies, Cooperation Directorate, Nadia Range on July 10, 2024 in Case No. 81 of 2023-2024. He submits that the respondent no.6 has not yet paid the amount under the award within the time limit indicated in the said award. Section 143 of the West Bengal Co-operative Societies Act, 2006 states that any sum payable to the State Government or to any Cooperative Society in accordance with any order, decision or award under the 2006 Act, shall be recoverable in the

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manner provided in the second schedule to the said act or as a decree of a court under the Code of Civil Procedure.

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Upon going through the award dated July 10, 2024 this Court finds that the petitioners were given liberty to recover the amount as indicated in the said award under Section 143 of the West Bengal Co-operative Societies Act, 2006 in the manner provided in serial no. 6 of the second schedule of the 2006 Act or as the decree of the court under the Code of Civil Procedure.

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In view thereof, WPA 29810 of 2025 stands disposed of by giving liberty to the petitioners to avail of the recourses available under the 2006 Act for recovery of the amount under the said award in accordance with law.

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There shall be however no order as to costs.

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Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

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(Hiranmay Bhattacharyya, J.)

Shree Chaitanya Cooperative Bank Limited and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Shree Chaitanya Cooperative Bank Limited and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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