Bankura District Central Co-Opertive Bank Limited v. State Of West Bengal And ORS.

01.12.2025 sdas WPA 10524 of 2025 Bankura District Central Co-operative Bank Limited, Machantala, Bankura Vs.

The State of West Bengal & Ors.

Mr. Ashit Kumar Chakraborty Mr. Sunanda Mohan Ghosh ....... for the petitioner Mr. Srijan Nayak Mrs. Rituparna Maitra ........ for the State

1. The respondent no. 8 had taken a loan of approximately Rs.5,00,000/- from the petitioner/Bankura District Central Co-operative Bank, through respondent no. 6, to be repaid at an agreed rate of interest.

2. Petitioner states that respondent no. 8 had also executed various documents including a declaration under Section 59 of the West Bengal Co-operative Societies Act, 2006, authorizing the employer/Drawing and Disbursing Officer (in short DDO) to deduct the dues payable to the petitioner/Co-operative Bank from his monthly salary and remit the same to the petitioner in the case of any default in repayment of such loan by the respondent no. 8.

3. Admittedly there has been a default.

4. Petitioner has filed the present writ petition seeking reliefs in the nature of remission of payment by the respondent no. 2, being the DDO of the respondent no. 8.

5. During pendency of the writ petition, certain payments were made by the respondent no. 8 and after giving due credence to such payments, a sum of Rs.2,32,205/- is due and payable as on August 25, 2025.

6. The respondent no. 2, being the DDO, had been appraised of such facts and had also been intimated by the petitioner of the remission of payment, by way of deduction to be made from the salary of the respondent no. 8. However, it appears that the remission has not been made.

7. In view of the aforestated, in consonance of Section 59(3) of the West Bengal Co-operative Societies Act, 2006, the respondent no. 2, being the DDO of the respondent no. 8, is directed to deduct the aforestated sum at the rate of Rs.15,000/- per month from the salary of the respondent no. 8, till the amount is liquidated. Such deduction of Rs.15,000/- per month will be remitted to the petitioner/concerned Co-operative Bank's account, particulars of which will be furnished to the respondent no. 2 within a period of seven days from today.

8. With the aforestated directions, the writ petition is disposed of.

9. There shall, however, be no order as to costs.

10. Since no affidavit has been called for, the allegations contained in the writ petition are deemed to be denied.

11.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)