A cooperative society can enforce salary deductions for loan recoveries based on documented agreements and non-response from parties.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“(i) Issue a writ of mandamus or appropriate order or direction directing the 1^st respondent to direct the 2^nd respondent to deduct a substantial amount from the salary of the respondents 4 and 5 and direct the 3" respondent to deduct requisite amount from the salary of the 6^th respondent and further direct the respondents 2 and 3 to remit the deducted amount to the account of the petitioner by virtue of Section 37 of the Co-operative Societies Act .

(ii) Issue a writ of mandamus or appropriate order or direction directing the 2^nd respondent to deduct or recover a substantial amount from the salary of the respondents 4 and 5 and direct the 3^rd respondent to recover the amount form the 6^th respondent till clear o the due amount and direct the respondents 2 and 3 to remit the deducted amount to the account of the petitioner in view of Exhibit P1 to P7.

(iii) Issue a writ of mandamus or appropriate order or direction directing the 2^nd respondent to deduct the balance due amount from the terminal benefits of the 4th respondent.

(iv) To dispense with filing of the translation of the vernacular documents.

(v) Grant such other orders as this Hon’ble Court may deem fit proper considering the facts and circumstances of the case and iv) Grant the costs of this writ Petition. ”

2. The petitioner extended a financial loan to respondent No.4. He committed default in repaying the amount due to the petitioner. It is submitted that a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) is due to the petitioner from respondent No.4.

3. Notice was served on the party respondents. They did not turn up.

4. The learned counsel for the petitioner, relying on Exts. P9 and P10, submitted that respondent No.4 has agreed to deduct a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) from his monthly salary, and that the balance amount due to the petitioner shall be realised from his retirement benefits.

5. The assertions in the Writ Petition and the submissions are not refuted.

6. Having regard to the statements in Ext.P9 and the communication in Ext.P10 from respondent No.2, respondent No.2 shall deduct the salary and pensionary benefits of respondent No.4, as mentioned in Ext.P10, and remit the same to the petitioner's account.