$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18^th March, 2026.

Uploaded on: 24^th March, 2026 + W.P.(C) 11/2026 BHARTI COOPERATIVE THRIFT AND CREDIT SOCIETY LTD.

.....Petitioner Through: Mr. Rajiv Vig, Adv.

versus REGISTRAR COOPERATIVE SOCIETIES DELHI & ORS.

.....Respondents Through: Ms. Urvi Mohan, Adv. for GNCTD.

Ms. Tajinder Virdi, SC for DDO. (M:

9818834444)

Mr. Kamleshwar Sahu, ADE/CLZ and Mr. Charan Singh, Teacher, MCD School, Officials (DDO)

Ms. Meenakshi Sharma, SO and Mr.

Sameer Shandiya, Sr. Asst.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (ORAL)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner Society i.e., Bharti Cooperative Thrift and Credit Society, inter alia, seeking issuance of an appropriate writ directing the Respondent No. 3 - Drawing and Disbursing Officer (hereinafter “DDO”) to take appropriate action to enforce the Award dated 23rd September, 2017 passed in Arbitration Case No.

298/AR/ARB/17-18 (hereinafter “the Award”).

3. A brief background of the present case is that, the Respondent No. 4 Mr. Charan Singh had availed a loan from the Petitioner Society. However, he failed to repay the subject loan.

4. Consequently, the Petitioner Society initiated arbitration proceedings against Mr. Charan Singh and his sureties in terms of Section 71 of the Delhi Cooperative Societies Act, 2023 (hereinafter “DCS Act”). The said proceedings culminated in the Award directing Mr. Charan Singh and his sureties to repay the subject loan.

5. Thereafter, sometime in 2017-2018, the Petitioner Society filed an execution petition under Section 105(a) of the DCS Act before Respondent No. 2 - Assistant Collector Grade-1, Office of Registrar Cooperative Societies, since Mr. Charan Singh and his sureties failed to repay the subject loan.

6. The grievance of the Petitioner Society is that the execution proceedings are not being dealt with in a stern and stringent manner by the Registrar of Cooperative Societies, as the RCS and its officers have failed to take effective steps for recovery of the pending dues as arrears of land revenue. Mr. Charan Singh had availed the loan from the Petitioner Society, and despite the Award having been passed, he is not paying the subject loan dues.

7. At this stage, it is noted that the Petitioner Society had earlier also preferred a writ petition against another individual namely Mr. Purshottam Gautam, who was similarly placed as Mr. Charan Singh. The said petition being W.P.(C) 18819/2025 had been considered on the last date i.e., 7th January, 2026 along with the present petition. In the said connected matter of Mr. Purshottam Gautam, the Court had directed as under:

“9. In W.P.(C) 18810/2025, an affidavit dated 5th January, 2026 has also been filed by the Registrar Cooperative Societies (hereinafter, ‘RCS’) that the action of attachment of salary and immovable and movable property is to be taken. However, since there is a shortage of staff,the same could not be taken.

10. Heard. There can be no reason as to why awards which were passed way back in 2017, in both these matters, have not yet been implemented or executed. The borrowers in both these cases are teachers who are working in government schools. 11. At this stage, Mr. Purshottam Gautam, who is present in Court submits that he is working in a government school as a teacher and presently he is only receiving Rs.47,000/- as salary in his bank account, after deduction of Rs.1,02,000/- towards various loans which he has availed from banks and societies. Insofar as the Petitioner Society is concerned,hesubmits that Rs.5,000/- per monthis being deducted from his salary towards the Petitioner society from July-August, 2025.

12. However, the aforesaid fact has not been clarified either by the RCS or by the DDO. Let the RCS and DDO seek instructions in this regard, and if any amount has been recovered from the particularborrower,thesameshallalsobecredited to the Pe