Bharti Cooperative Thrift And Credit Society Ltd v. Registrar Cooperative Societies Delhi & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ 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 RCS.
Ms. Tajinder Virdi Standing Counsel for Respondent No.3/MCD AND + 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 RCS.
Ms. Tajinder Virdi Standing Counsel for Respondent No.3/MCD
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN
O R D E R
% 07.01.2026 1.
This hearing has been done through hybrid mode. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CM APPL. 25/2026 (for exemption) in W.P.(C) 11/2026 2.
Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 11/2026 3.
The present petitions have been filed by the Petitioner Society- Bharti Cooperative Thrift and Credit Society under Articles 226 and 227 of the Constitution of India, 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 awards dated 16th September, 2017 passed in Arb Case No. 301/AR/ARB/17-18 and 23rd September, 2017 passed in Arbitration Case No. 298/AR/ARB/17-18. 4.
A brief background of the present case is that, the Respondent No. 4 in both the petitions- Mr. Charan Singh and Mr. Purshottam Gautam, have both availed of loans from the Petitioner Society. However, they failed to repay the loans.
5.
Consequently, the Petitioner filed arbitration cases against Mr. Charan Singh and Mr. Purshottam Gautam and their sureties, which resulted in awards dated 23rd September, 2017 and 16th September, 2017, respectively, directing the aforesaid Respondents to clear the loan dues. 6.
Thereafter, sometime in 2017-2018, the Petitioner Society filed execution petitions before Respondent No.2- Assistant Collector Grade-1, Office of Registrar Cooperative Societies.
7.
The grievance of the Petitioner Society is that the execution proceedings are not being dealt with in a stern and stringent manner by the concerned department as the same are to be recovered as arrears of land revenue. Mr. Charan Singh and Mr. Purshottam Gautam have both availed of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
loans from the Petitioner Society, and despite the awards having been passed, they are not paying the loan dues.
8.
Ld. Counsel appearing for the DDO submits that she does not have any instructions in the matter.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 15.
Insofar as W.P.(C) 11/2026 is concerned, let notice be issued to Mr. Charan Singh through all modes, upon appropriate steps being taken by the Petitioner society. He shall also be served through the DDO as well. 16.
Let instructions be sought by RCS and DDO in W.P.(C) 11/2026 and let the status reports be filed by 10th February, 2026. 17.
List W.P.(C) 11/2026 on 18th March, 2026.
PRATHIBA M. SINGH, J MADHU JAIN, J JANUARY 7, 2026 Rahul/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.