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Calcutta High CourtWPA/15189/2025disposed

The Khatra Peoples Cooperative Bank Limited And ORS. v. The State Of West Bengal And ORS

2025-12-11Hon'Ble Justice Reetobroto Kumar Mitra2 pages

11.12.2025 sdas WPA 15189 of 2025 The Khatra Peoples' Cooperative Bank Limited & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Madan Mohan Roy .... for the petitioners Mr. Bibekanda Tripathy Mr. Chandan Mandal .... for the State Mr. Pradeep Kumar Roy Mr. Ankit Sureka Mr. Biplob Das ..... for the respondents no. 5 & 6 Mr. Soumik Ganguly ..... for the respondent no. 13

1. The respondent no. 13 serving as an assistant teacher at the Dubrajpur Sammilani High School, had taken a loan from the petitioners to the tune of approximately Rs.5 lakhs. The loan has fallen due.

2. The borrower is represented and in terms of Section 59(3) of the West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as the "said Act") is agreeable for deduction of an amount from his monthly salary by the drawing and disbursing officer being the respondent no.

11 at the time of payment. Such amount will be deducted towards the liquidation of the loan in instalments by the respondent no. 11. Upon deduction the said amount will be credited to the account of the petitioners, who shall provide particulars thereof to the respondent no. 11 within a week from date.

3. In terms of the aforestated direction, the interim order dated July 15, is modified accordingly.

4. The respondent no. 13 will be paid his salary from July, 2025, upon deduction, as aforestated towards liquidation of the loan.

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

6. There shall, however, be no order as to costs. 7.Since no affidavit has been called for, the allegations contained in the writ petition are deemed to be denied.

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

(Reetobroto Kumar Mitra, J.)