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2004 Supreme(Cal) 696

BARIN GHOSH, ALOK KUMAR BASU
CONTAI CO-OPERATIVE BANK LTD. – Appellant
Versus
SAGAR FOOD PRODUCTS – Respondent


Advocates Appeared:
ALOK GHOSH, Daisy Basu, FAZLUL HAQUE, GAUTAM BANERJEE, KASHI KANTA MAITRA, Mrinal Kanti Das, S.B.BHUNIYA

BASU, J.

( 1 ) AS common question of law is involved in all the three appeals, we propose to dispose of all the three appeals by a common judgment and order.

( 2 ) IN M. A. T. No. 1493 and 1494 of 2004 appellants and the respondents are common while in M. A. T. No. 1790 of 2003 the Krishnagar city Co-operative Bank Ltd. and Ors. are the appellants and Sukumar Ghosh and Anr. are the respondents. The respondents in all the three appeals figured as writ petitioners before the learned Single Judge whose judgment and order is subject matter of challenge in all the three appeals.

( 3 ) THE writ petitioner respondents lost in the award case brought by the appellants and all the writ petitioners respondents thereafter preferred appeal challenging the award as contemplated in Section 136 of the West bengal Co-operative Societies Act, 1983 (hereinafter to be referred as the act ). Admittedly all such appeals were filed within 30 days after obtaining respective certified copy of the award and admittedly, all the three appeals were dismissed by the Tribunal holding inter alia that all the appeals were filed beyond the prescribed period of limitation.

( 4 ) THE aggrieved party thereafter pr























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