Purulia Central Co-Operative Bank Ltd. v. State Of West Bengal And ORS.

26.11.2025 Ct. No.24 Sl. No.67 akd W. P. A. 24312 of 2025 [Purulia Central Co-operative Bank Ltd. -Vs- The State of West Bengal & Ors.] Mr. Arnab Ray Mr. Shirsho Banerjee ... ... for the petitioner Mr. Partha Pratim Roy Mr. Nemai Chandra Betal ... ... for respondent no.6 Mr. Pradip Kumar Roy Mr. Partha Sarathi Pal Mr. Asis Dutta ... for respondent nos.7 & 8 1.

Affidavit-of-service filed in court today is taken on record. 2.

In spite of service, none appears on behalf of the respondent no. 4.

3.

The petitioner alleges that the private respondent no.6 had taken a loan from the petitioner for a sum of Rs. 8,00,000/- and a further sum of Rs. 2,00,000/- on account of personal loan. The private respondent no.6 defaulted in repayment of the loan, on account whereof the petitioner had initiated proceedings under Section 139 of the West Bengal Co-operative Societies Act, 2006 (hereinafter 'the said Act'). In terms of such proceeding, an award had been passed sometime in the year 2019 and a certificate also issued thereof for a total sum of Rs. 10,76,418/- along with interest at the rate of 6.25% per annum against the respondent no.6.

4.

Since the respondent no.6 was unable to repay the amount in terms of the award, the petitioner had requested the

respondent no.4, the Drawing and Disbursing Officer of the respondent no.6's salary, to deduct a sum of Rs. 35,000/- per month by way of monthly installment towards liquidation of the certificate dues. In spite of repeated requests from the petitioner and orders from the higher authorities and in particular a letter of authority by the respondent no. 6 to make such deduction from his salary towards liquidation of the loan, the respondent no.4 herein failed, neglected and/or refused to make such payment, leaving outstanding dues towards the certificate debt. The respondent no. 4 has not appeared to answer the allegations made against him.

5.

Mr. Partha Pratim Roy, learned counsel appears for the respondent no. 6 and submits that his clients are ready and willing and have already shown their willingness by way of their letter of authority, authorizing the respondent no.4 to deduct the afore-stated sum of Rs.35,000/- per month from his salary. 6.

Heard the learned counsel for the respective parties. 7.

It is not in dispute that the amount is due and payable from the respondent no.6 to the petitioner, which is being ignored by the respondent no.4 over a period of time. 8.

In view thereof, the respondent no. 4 is directed to immediately appropriate a sum of Rs. 35,000/- per month from the salary of the respondent no.6. In default, the respondent no. 4 will be liable to pay additional interest.

9.

With the afore-stated directions, the writ petition is disposed of.

10.

There shall be no order as to costs.

11.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)