G.A. 2927 of 2013 and W.P. No. 813 of 2013. Case: Chatter Singh Baid Vs State of West Bengal. High Court of Calcutta (India)

Case NumberG.A. 2927 of 2013 and W.P. No. 813 of 2013
CounselFor Appellant: Surojit Nath Mitra, Sr. Adv. and Atish Ghosh, Adv. and For Respondents: Ranjan Bachwat, Sr. Adv., Saikat Roy Chowdhury and S.M. Saha, Advs.
JudgesSoumen Sen, J.
IssueConstitution of India - Article 226; West Bengal Co-operative Societies, Act, 1983 - Sections 50, 77, 77(2), 93, 95, 95(2)
Judgement DateDecember 24, 2014
CourtHigh Court of Calcutta (India)

Judgment:

Soumen Sen, J.

  1. This writ application is preferred against the judgment of the Ld. Tribunal dated 14th June, 2013 in Appeal no. 13/11. The Appellate Tribunal by the said judgment and order upheld the award dated 4th February, 2011 passed by the Ld. Arbitrator in dispute case no. 19/RC/S/2010.

  2. The writ petition no. 1 is claiming to be the Chairman of the Woodburn Park Co-operative Housing Society Limited.

  3. One East End Apartment Co-operative Housing Society Limited (hereinafter referred to as the 'parent society') was the owner of two plots of land (a) 11/1B, Ekdalia Place, Kolkata - 700 019 and (b) 5B, Woodburn Park, Kolkata 700 020. Initially the respondent nos. 3, 4 and one Dwarkadas Kothari, the predecessor in interest of the respondent no. 5 and 6 (hereinafter referred as private respondent) were members of the parent society. Owing to dispute and differences between the members of the parent society, which includes private respondents or their predecessor, the respondent nos. 3, 4 and the said Dwarkadas Kothari on 26th August, 1977 tendered their resignation to the parent society. Such resignation was accepted and communicated to the said private respondent vide letters dated 12th January, 1979 by the private respondent no. 2.

  4. Subsequently by three separate letters all dated 7th February, 1979, the respondents disputed the decision of the parent society to terminate their membership. By the said letters the private respondents and/or their predecessor in interest had unequivocally acknowledged that they had knowledge the decision of parent society for terminating their membership. Thus the cause of action of the respondents to challenge the order and/or decision of termination of their memberships arose in the year 1977.

  5. Another dispute between the members of the parent society was brought to this Hon'ble Court by some of its members by filing a writ petition being Matter no. 205 of 1975. By an order dated 15th December, 1978 the Division Bench of this Hon'ble Court directed for division of the parent society. Pursuant to such direction of this Hon'ble Court, a preliminary order of division was passed by the Deputy Registrar on 5th September, 1979 under Section 77(1) of the West Bengal Coopeartive Societies Act, 1973 dividing the parent society into two i.e. (i) Ekdalia Cooperative Housing Society Limited and (ii) Woodburn Park Co-operative Housing Society Limited, being the petitioner no. 2 herein.

  6. In the preliminary order of division, gazetted on 15th November, 1979, invited objections under Sec. 77(2) of the West Bengal Cooperative Societies Act, 1973 from existing members of the society and creditors of the society in respect of the order of division only. No objection was filed by any of the said private respondents before the Deputy Registrar objecting to the preliminary order of division. In the preliminary order of division, the respondent nos. 3, 4 and Dwarkadas Kothari's names along with others were appearing as non-members and creditors of the society.

  7. On 15th January, 1980 the said private respondents and/or their predecessor in interest made three representations all dated January 14, 1980 before the Registrar of societies.

  8. By order dated 23rd June, 1980 the Deputy Registrar of Cooperative Societies in exercise of its powers under Section 77(3) of the West Bengal Cooperative Societies Act, 1973 finally divided the said parent society into two societies in the manner as stated therein. The respondents' name along with others appeared in the list of non-members in the said final order.

  9. The non-inclusion of the name of the private respondent as members has led to the filing of an arbitration case having genesis to the letters of resignation alleged to have been submitted by the respondent nos. 3 to 6 as members of the parent society.

  10. One of the issues raised by the society before the learned Arbitrator was the dispute raised by the respondent nos. 3 to 6 with the Learned Arbitrator under Section 95 of the West Bengal Co-operative Societies Act, 1983 was barred by limitation.

  11. While the contention of the respondent nos. 3 to 6 had been although that they had never submitted any letter of resignation, the same, however, had been and has been disputed by the writ petitioners. In the said dispute case the society stated that the said respondent after obtaining membership of the parent society by payment of Rs. 100 each towards membership fees in or about paid a further sum of Rs. 30,000/- each in advance towards the purchase of the land and for construction of the projects of the parent society. On 12th January 1979 the parent society alleged that the respondents had resigned from the membership and sent cheques of Rs. 100 each as refund of share money. However, the advance payment of Rs. 30,000/- was never returned. In the meantime, the writ petition was filed in Court being W.P. no. 205/95 regarding the administration of the parent society. The matter ultimately reached the Appellate Court. The Appellate Court by an order dated 15th December, 1978 directed Registrar of Cooperative Societies to take steps for administration of the assets and liabilities of the parent society.

  12. The private respondents however, stated that they did not submit any letter of resignation and returned cheques to the parent society along with three separate letters all dated 7th February, 1979 raising objections against such illegal act of the parent society. The parent society accepted such objection and did not proceed any further. The cheques were never forwarded thereafter by the parent society.

  13. Thereafter the parent society was divided into two societies namely, Ekdalia Cooperative Housing Society Limited and Woodburn Park Housing Society Limited by virtue of preliminary order of 527/CMAH dated 5th September, 1979 and final order dated 23rd June, 1980.

  14. The preliminary order of the division of the parent society into two societies transferring the membership of the private respondents to Woodburn Park with their names appearing in a list of 30 members and non-members was objected to by the private respondents. The private respondents contended that no hearing was given prior to such action nor any reason was given thereof. The preliminary order was published in the gazette on 15th November, 1979. The private respondents immediately objected to exclusion of the names as published in the notification.

  15. On 23rd June, 1980 the final order of division was passed by the then Deputy Registrar of the Director of the Co-operatives. The membership of the respondents were transferred to Woodburn Park. The names of the respondents were included in a list of non-members without giving any reason. Clause 3 of the said order dated 23rd June, 1980 issued by the Deputy Registrar of the co-operatives, inter alia, stated that the eligibility of the membership of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT