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1990 Supreme(Cal) 144

A.M.BHATTACHARJEE, KALYANMOY GANGULI, GANGULY, AMULYA KUMAR NANDI
ANJAN CHOUDHURY – Appellant
Versus
ANANDANEER CO-OPERATIVE REGISTEREDHOUSING SOCIETY – Respondent


Advocates Appeared:
ANUPAM CHATTERJEE, Arun Kumar Motilal, ASIT KUMAR BHATTACHARJI, D.K.DEY, PARTHA SARATHI BASU, Pinaki Ghosh

A. M. BHATTACHARJEE, J.

( 1 ) ON a reference being made by a Division Bench of this Court, the present rule has been referred to this larger Bench for disposal as according to the referring Bench, the "same involves "a very important question" decision whereon "may lead to far-reaching consequences".

( 2 ) UNDER section 86 (1) of the West Bengal Co-operative Societies Act, 1973 "any dispute relating to the affairs of a Co-operative Society" was required to be referred to the Registrar if the parties thereto were as specified in clauses (a), (b), (c) and (d) to that sub-section and under section 1312 (2) (d) of the said Act, no Civil Court would have any jurisdiction in respect of "any dispute required under section 86 to be referred to the Registrar". The important question, according to the order of reference, is what were the disputes that were required to be so referred to the Registrar under section 86 (1) (d) and were accordingly not justiciable in a Civil Court and, the Rule in its entirety having been referred to this Bench for disposal, the further consequential question is whether the dispute involved in the Civil Suit, giving rise to this revisional application, is such























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