Baguli S.K.U.S. Limited And ANR. v. The State Of West Bengal And ORS.

18.12.2025.

Ct.No.24.

as WPA 12114 of 2025 Baguli S. K. U. S. Ltd. & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Asit Kr. Chakraborty, Mr. Sunanda Mohan Ghosh.

...for the Petitioners.

Mr. Rajat Dutta, Ms. Jakouta Paul.

...for the Respondent Bank.

1.

Inspite of notice, none appears for the borrower, respondent No.3 herein, nor has any accommodation been prayed for.

2.

The present writ petition has been filed by the Cooperative Society seeking enforcement of the statutory agreement executed under Section 59 of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the Act) on July 22, 2021 between the petitioners and the borrower, the respondent no.3 herein.

3.

There is admittedly a sum of Rs.2,89,476/- is due and payable by the borrower to the petitioners.

4.

Pursuant to the order dated June 17, 2025, Mr. Dutta appearing for the Drawing and Disbursing Officer (hereinafter referred to as the DDO) of the borrower has filed a copy of the instruction given to him showing the quantification of the retiral benefits of the borrowers. Let a

copy of such communication dated December 15, 2025 be kept on record.

5.

As will appear from the said communication, a sum in excess of Rs.22 lakhs is due and payable to the respondent No.3 on account of his pension and retiral benefits.

6. Such aforestated sum will cover the entire outstanding amount of the petitioners.

7.

In view of the aforestated, the respondent No.2, being the DDO, is directed to remit a sum of Rs.2,89,476/-, being the amount inclusive of interest till December 2025, as prayed for in prayer 'b' of the writ petition, to the account of the petitioners, particulars whereof will be furnished to the respondent no.2 within a week from date along with a copy of this order.

8. After deduction of the aforestated amount of Rs.2,89,476/-, the balance sum may be released and/or disbursed in favour of the respondent No.3, subject to any other provisions of law, which may be applicable, as may be

9. With the aforestated direction, the writ petition is disposed of.

10. There shall be no order as to costs.

11. Since affidavits have not been called for, allegations contained in the petition are deemed to have been denied.

12. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)