Full Text
HIGH COURT OF DELHI
Date of Decision: 18th March, 2026.
BHARTI COOPERATIVE THRIFT AND CREDIT SOCIETY LTD. .....Petitioner
Through: Mr. Rajiv Vig, Adv.
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.
JUDGMENT
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 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:
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