( 1 ) THIS is an application under Article 227 of the Constitution of India at the instance of Bhagira-thi Co-operative Joint Farming Society (hereinafter referred to as the defendant) and is directed against an order dated October 12, 1982, passed by the West Bengal Co-operative Tribunal, dismissing an appeal under Section 134 of the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the said Act), The opposite party Howrah Zilla Pari-shad (hereinafter referred to as the plaintiff) preferred a dispute under Section 86 of the said Act before the Assistant Registrar of Co-operative Societies, Howrah. The dispute so raised was to the effect that the plaintiff entered into a contract with the defendant cooperative society for purchase of 3,00,000 bricks from the society and they paid the price thereof being a sum of Rs. 34,500/- but the defendant society delivered only 1,74,000 pieces of bricks. and failed and neglected to deliver the balance 1,26,000 pieces of bricks. Hence, the plaintiff claimed that the defendant must deliver the said balance pieces of bricks or in the alternative pay damages to the plaintiff.

( 2 ) THE dispute thus raised be