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UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd. – Appellant
Versus
Aloke Kumar – Respondent
JUDGMENT :
J.B. Pardiwala, J.
1. Leave granted.
2. This appeal is at the instance of a Co-operative Society registered under the West Bengal Co-operative Societies Act, 1940 (for short, ‘the Act 1940’) and is directed against the judgment and order passed by the High Court at Calcutta (Civil Revisional Jurisdiction, Appellate Side) dated 08.08.2018 in the CO No. 2714 of 2014 by which the High Court rejected the civil revision filed by the Appellant Society herein thereby affirming the order passed by the Civil Judge (Senior Division), 9th Court at Alipore, District South 24 Paraganas in the Arbitration Execution Case No. 19 of 2009 dated 17.04.2014.
FACTUAL MATRIX
3. The Appellant Society was registered in the year 1945 under the Act 1940 (now governed by the West Bengal Co-operative Societies Act, 2006 as amended up to date, [for short, ‘the Act 2006’]). The Appellant Society was formed for the purpose of providing housing to the employees of the West Bengal Secretariat and others in accordance with the bye-laws of the society. The registered office of the Appellant Society at the time of registration was that of the Bengal Secretariat being the Writers Buildings, Calcutta (P.O. Calcu
The main legal principle established is that the decisions of the General Body of a Co-operative Society, approved in accordance with the Act and Rules, should be respected and implemented, emphasizi....
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The execution of an arbitral award cannot be dismissed unless full compliance with its terms is proven; ongoing violations mandate enforcement.
Society - Process of re-development of its building - Plaintiff has neither made out a prima-facie case nor could show as to how redevelopment, would cause loss to him nor could establish, re-develop....
The main legal point established in the judgment is that objections raised by a minority of members after an overwhelming majority had approved the appointment of a developer for redevelopment were i....
Jurisdiction and maintainability in cooperative disputes depend on specific statutes and bylaws; a cooperative court retains authority to hear disputes related to member resolutions unless explicitly....
A cooperative society's resolutions regarding redevelopment require majority consent, which prevails over minority objections; judicial review is limited to errors of law or process.
The court upheld the validity of the redevelopment project under Section 41A of the Gujarat Ownership Flats Act, 1973, based on the majority consent of the members, dilapidated condition of the build....
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