SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Cal) 770

HARISH TANDON
Umanath Pandey – Appellant
Versus
Sripur Area Office Employees Co-operative Credit Society Ltd. – Respondent


Advocates Appeared:
Mr. Prabal Kumar Mukherjee, Mr. Sukanta Chakrabarty, Mr. S.Sur :For the petitioner.
Mr. Sabyasachi Bhattacharyya, Mr. Puspal Sathpathi :For the respondent.

JUDGMENT : -

1. This revisional application is directed against an order no. 57 dated 25.9.2008 passed by the Civil Judge (Senior Division), Asansol in Money Suit No. 23 of 1999 by which an application challenging the maintainability of the suit was rejected.

2. The suit is at the instance of the Cooperative Credit Society, praying for a decree for recovery of money lent and advance to the defendants therein for purchase of the immovable property.

3. The defendant no. 1/petitioner raised objection as to the maintainability of the suit in view of an embargo created under the provisions of West Bengal Cooperative Society Act, 1983.

4. Mr. Probal Kumar Mukherjee, learned Advocate appearing for the defendant no. 1 petitioner submits that the word “dispute” has been defined under Section 2(20) of the said Act which means any matter capable of being the subject matter of civil litigation including the claim in respect of any sum payable to or by a Cooperative Society. He further submits that Section 95 (1) of the said Act confers jurisdiction upon the Registrar of the Cooperative Society to adjudicate the dispute concerning the business and affairs of Co-operative Society which includes



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top