Subrata Khanra v. The Certificate Office And Assistant Registrar Of Co Operative Societies And ORS.

16.12.2025 Court No.25 D/L No.12 S. Gayen

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1148 of 2025 Subrata Khanra

Versus

The Certificate Officer & Assistant Registrar of Co-operative Societies & Ors.

Mr. Satyendra Agrawal Mr. Tarak Nath Sarkar Mr. Goutam Malik ...for the Petitioner Mr. Pabitra Charan Bhattacharjee Mr. Sovan Nayak ...for the Respondent Nos. 2 & 3

1. The petitioner has filed the present writ application challenging the order passed by the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range dated 19th December, 2023 directed the petitioner to pay the principal amount of Rs. 6,75,364/- and interest of Rs. 3,13,067/- calculated up to 18th December, 2022, cost of Rs. 6000/-, total amounting to Rs. 9.94,431/- and further interest @ 14% per annum from 19th December, 2023 till the final realization of the said amount.

2. Learned counsel appearing for the petitioner submits that the petitioner has obtained personal loan of Rs. 7 lakhs from the Adampur-Faridpur S.K.U.S Ltd. He submits that the cooperative bank has illegally charged the interest over the loan amount. Due to which the

petitioner was not able to pay this amount. The petitioner is ready to settle the dispute but the bank is claiming the total amount of Rs. 9.94,431/- along with interest.

3. Learned counsel for the respondent Nos. 2 and 3 submits that the petitioner has obtained loan of Rs. 7 lakhs and he failed to pay the said amount.

Accordingly, proceeding has been initiated by the bank. Notices have been issued to the petitioner. In spite of receipt of the notice, the petitioner failed to appear before the Assistant Registrar of Cooperative Societies. Finding no other alternative, finally on 19th December, 2023 the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range had passed an award. He further submits that the award passed by the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range is an appealable order. The petitioner has filed the present writ application in the month of January, 2025, i.e., after a period of about two years. He submits that the writ petition is not maintainable.

4. Heard the learned counsel for the respective parties and perused the materials on record. This Court finds that the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range has already passed an award on 19th December, 2023. This Court also finds that prior to the award, several notices have been issued to the petitioner but the petitioner failed to

appear before the authority. The award passed by the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range is an appealable order but the petitioner failed to prefer an appeal. The petitioner has filed the present writ application after a period of about two years.

5. Considering the above, this Court finds that the writ petition is not maintainable. Accordingly, WPA 1148 of 2025 is dismissed.

6. However, it is made clear that the dismissal of the writ petition will not prevent the petitioner for taking appropriate steps in accordance with law.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)