( 1 ) WHETHER any sum payable to a Co-operative Society in accordance with an award passed under Section 96 of the West Bengal Co-operative Societies act, 1983 can be recovered by the Certificate Officer as a public demand under the Bengal Public Demand Recovery Act, 1913 upon requisition by the cooperative society?

( 2 ) THE said question has cropped up in the following background :-The respondent No. 4, a Co-operative Society, supplied 200 pieces silk sarees worth Rs. 93, 280/- to the petitioner herein by two packages through the indian Airlines from Calcutta to Lucknow by air consignment note being A. P. No. 6883767 on 21 st July 1993.

( 3 ) THE petitioner did not pay the value of the said articles to the respondent No. 4 on the ground that the said consignment was not delivered to the petitioner.

( 4 ) IN such a situation a dispute case under Section 95 of the West bengal Co-operative Societies Act was filed by the respondent No. 4 against the petitioner herein. An award was passed by the Director, Handlooms and textile, West Bengal and Additional Registrar of Co-operative (ex officio) on 23rd November, 1998 in the said proceeding being dispute Case No.