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2004 Supreme(Cal) 221

PRANAB KUMAR CHATTOPADHYAY
LAKSHMIRANI GARAI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
KESHAB BHATTACHARJI, KISHORE DUTTA, SUMITA SEN

PRANAB KUMAR CHATTOPADHYAY, J.


( 1 ) THE petitioner has filed this writ petition questioning the applicability of the provisions of the Bengal Public Demands Recovery Act for recovery of the dues of the Co-operative Bank. The petitioner has questioned the certificate proceedings on the aforesaid ground that the provisions of the Bengal Public demands Recovery Act are not at all applicable for recovery of the dues of the petitioner. In view of the provisions of section 132 of the West Bengal Co- operative Societies Act, 1983 any sum payable to the Co-operative Society in accordance with any decision shall be recoverable in the manner provided in the Second Schedule to the said Act and in the Second Schedule it has been specifically mentioned that the dues payable by a member or sureties or successor can be removed by the certificate officer as a public demand. The relevant provisions of section 132 of the West Bengal Co-operative Societies lakshmirani Garai vs. State of W. B. (P. K. Chattopadhyay, J.) 349 act is quoted hereunder and the relevant portion of the Second Schedule of the said Act is also quoted hereunder:"section 132. Recovery of sums due.-Any sum payable to the State go




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