Bharti Cooperative Thrift and Credit Society Ltd. Vs Registrar Cooperative Societies Delhi & Ors.

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.

¶10

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

¶11

Prathiba M. Singh, J. (ORAL)

¶12

This hearing has been done through hybrid mode.

¶13

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 ”).

¶14

Signature Not Verified

¶15

W.P.(C) 11/2026

¶16

Page 1 of 4

¶17

Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

¶18

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.

¶19

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.

¶20

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.

¶21

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.

¶22

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:

¶23

Signature Not Verified

¶24

W.P.(C) 11/2026

¶25

Page 2 of 4

¶26

Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

¶27

“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.

¶28

10. Heard. T here 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.

¶29

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.

¶30

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.

¶31

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.

¶32

Signature Not Verified

¶33

Signed By:RENUKA W.P.(C) 11/2026 NEGI Signing Da te:2 4.03.2026 18:05:41

¶34

Page 3 of 4

¶35

14. Accordingly, W.P.(C) 18810/2025 is disposed of in these terms.”

¶36

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.

¶37

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.

¶38

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.

¶39

Considering the above, it is directed that the Petitioner Society shall communicate the actual dues to Mr. Charan Singh by 31^st March, 2026. Thereafter, from 1^st 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.

¶40

PRATHIBA M. SINGH JUDGE

¶41

MADHU JAIN JUDGE

¶42

MARCH 18, 2026/ ys/msh

¶43

Signature Not Verified

¶44

W.P.(C) 11/2026

¶45

Page 4 of 4

¶46

Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

Bharti Cooperative Thrift and Credit Society Ltd. v. Registrar Cooperative Societies Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Bharti Cooperative Thrift and Credit Society Ltd. v. Registrar Cooperative Societies Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Maj. Devanjana Ghoshal (Retd.) Vs Union of India & Ors.

Rajiv Parashar Vs Government of NCT of Delhi & Ors.

Supreme Court of India Vs Anurag Mankotia

Supreme Court of India Vs Harsh Kumar Vashisht

Masonic Public School Vs Delhi Jal Board

Jugvir Singh Vs Union of India and Ors.

UOI Vs Rc Gupta

Central Board of Trustee through Assistant Provident Fund Commissioner, Delhi (North) Vs M/S Aero Club

Rajiv Parashar Vs Government of NCT of Delhi & Ors.

State Vs Mohd Shamsher

Ashok Kumar Verma and Ors. Vs Commissioner of Police and Ors.

Jyoti Kumar Vs New Delhi Municipal Council & Anr.

Jitendra Vs Delhi Cantonment Board and Ors.

Pappu Vs Delhi Cantonment Board and Ors.