W.P. No. 395 of 2009. Case: Woodburn Park Co-operative Housing Society Pvt. Ltd. and Anr. Vs The Registrar of Co-operative Societies Govt. of W.B. and Ors.. High Court of Calcutta (India)
| Case Number | W.P. No. 395 of 2009 |
| Counsel | For Appellant: Ahin Chowdhury and Saptangshu Basu, Sr. Adv., Sudeep Sanyal, Suparna Mukherjee, Advs. And For Respondents: Anindya Mitra, Sr. Adv., Sakya Sen, Sunil Singhania, Pujarini Paul and P. Dhondonia, Advs., K. D. Mukherjee, Sr. Adv. and Gita Mukherjee, Adv., Ashok Kumar Banerjee, Sr. Adv., U. S. Bengani, Adv., Sarbapriya Mukherjee, Samit... |
| Judges | Debasish Kar Gupta, J. |
| Issue | West Bengal Co-operative Societies Act, 1973 - Section 77(1) and 77(3); Evidence Act, 1872 - Sections 63 and 79; Cooperative Societies Act, 1973 - Sections 124 and 138; West Bengal Co-operative Societies Rules, 1974 - Rules 30(1) and 189; West Bengal Co-operative Societies Rules, 1987 - Rules 189 and 231; Constitution of India - Aricle 226 |
| Judgement Date | August 30, 2011 |
| Court | High Court of Calcutta (India) |
Judgment:
Debasish Kar Gupta, J.
1. This writ application is directed against an order dated March 31, 2009 passed by the Respondent No. 1 in compliance of the judgment dated April 2, 2008 delivered by the Hon'ble Supreme Court in the matter of Woodburn Park Co-operative Housing Society Ltd. v. Smt. Chanda Devi Tantia and Ors. (in re. Civil No. 2638 of 2005).
2. The back drop of this case in a nutshell is as follows:
The East End Apartments Co-operative Housing Society Ltd. was the owner of two plots of land, viz, premises No. 5B Woodburn Park, Calcutta-700020, and 11/1B, Ekdalia Place, Calcutta-700019. The intention of the above society was to construct two multi-storied residential buildings on the aforesaid two plots of land for its members.
3. After construction of a multi storied residential building at 11/1B Ekdalia place, Calcutta-700019, a dispute arose between the members of the society and the Managing Committee which was brought before the High Court at Calcutta. A Division Bench of this High Court directed the Respondent No. 1 by an order dated December 15, 1978 passed in appeal No. 504 of 1977 to take steps for division of the assets and liabilities of the above Co-operative Society constituted at Ekdalia place and Woodburn Park Road in accordance with the provisions of the West Bengal Co-operative Societies Act, 1973(hereinafter referred to as the said Act).
4. In compliance with the order passed by this High Court as stated hereinabove, the Respondent No. 1 passed a preliminary order dated September 5, 1979 under Sub-section(1) of Section 77 of the said Act for the purpose of dividing the assets and liabilities of the aforesaid society. Some recognized members of the Petitioner No. 1 and raised objection against the above preliminary order.
5. On June 23, 1980 the Respondent No. 2 passed final order of division bearing No. 688/ CMAH under the provisions of Sub-section(3) of Section 77 of the said Act and registered two new societies, viz, Woodburn Park Co-operative Societies and Ekdalia Housing Co-operative Ltd. By an order dated August 8, 1988 the Respondent No. 2 appointed Directors of first Managing Committee of the Petitioner No. 1 in exercise of powers conferred upon him under Sub-rule (1) of Rule 30 of the West Bengal Co-operative Societies Rules, 1974.
6. The aforesaid objectors filed application under Article 226 of the constitution of India bearing No. 3922(W) of 1981 before this High Court challenging the aforesaid final order dated June 23, 1980 passed by the Respondent No. 2 on the ground that No. notice had been served upon them before passing the aforesaid final order. The above writ application was disposed of by an order dated June 20, 1984 setting aside the final order dated June 23, 1980 as also directing the Respondent No. 1 to hear the preliminary objections filed by the members in accordance with law. An appeal bearing F.M.A.T No. 1971 of 1984 was preferred against the above judgment and order. A Division Bench of this High Court dismissed the above appeal by an order dated August 1, 2002. The Petitioner society filed Special Leave Petition against the above order dated August 1, 2002 passed in FMAT No. 1971 of 1984 before the Hon'ble Supreme Court upon leave being granted by the Hon'ble Supreme Court, the appeal preferred by the Petitioner society being Civil Appeal No. 2638 of 2005 (in re. Woodburn Park Co-operative Housing Society Ltd. v. Smt. Chanda Devi Tantia and Ors.) was disposed of on April 2, 2008 by the Hon'ble Supreme Court with the following directions.
In the background of factual position it would be appropriate to set aside the High Court's orders. Let the matter be considered by the Registrar afresh within a period of 6 months. The enquiry will be restricted to decide the question whether there was any resignation and whether letter of resignation was signed by the objectors and whether the resignation was approved by any resolution and on the question of refund of share money and the effect of refund and acceptance. The Registrar shall also consider the other materials which have relevance so far as resignation inconsideration. It would be open to the Registrar to call for the records and the documents from the parties within a period of 6months. There would be No. allotment to 13 persons who raised objections until decision is taken by the Registrar.
The appeal is disposed of accordingly. No costs.
7. In compliance of the above order, the Respondent No. 1 passed the impugned order dated March 31, 2009 after hearing the parties as follows:
Assessing all the pros and cons, considering all the papers and documents submitted by the Respondents/Writ Petitioners and the Appellant Society i.e. Woodburn Park Co-operative Housing Society Ltd. and the exercise of power conferred upon me by the Hon'ble Society Ltd. and in exercise of power conferred upon me by the Hon'ble Supreme Court of India in Civil Appeal No. 2638 of 2005 in the solemn Direction on 2nd April 2008, on the basis of equity, justice and good conscience, I do pass the following Final Order:
FINAL ORDER
a)
| Smt Chandra Devi Tantia | (Writ Petitioner/Respondent No. 1) |
| Smt Bimala Devi Singhania | (Writ Petitioner/Respondent No. 2) |
| Smt Sarala Mundra | (Writ Petitioner/Respondent No. 3) |
| Smt Pushpa Devi Phumbhra | (Writ Petitioner/Respondent No. 4) |
| Smt Maina Devi Phumbhra | (Writ Petitioner/Respondent No. 5) |
| Sri Makhanlal Phumbhra | (Writ Petitioner/Respondent No. 6) |
| Sri Chunilal Phumbhra | (Writ Petitioner/Respondent No. 7) |
| Smt Lakhmi Mundra | (Writ Petitioner/Respondent No. 8) |
| Sri Bhairundan Banthia | (Writ Petitioner/Respondent No. 9) |
| Sri Subhas Kumar Khajanchi | (Writ Petitioner/Respondent No. 10) |
| Sri Sailendra Nath Bhattacharjee | (Writ Petitioner/Respondent No. 11) |
| and Sri Kedar Nath Suri | (Writ... |
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