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1996 Supreme(Cal) 236

Satyabrata Sinha, SATYA NARAYAN CHAKRABARTY
Garbari Union Co-operative Agricultural Credit Society Limited – Appellant
Versus
Swapan Kumar Jana – Respondent


Advocates:
Advocate Appeared:
Anupam Chattopadhyay, Srimanta Datta, Asish Chakraborty, Indranil Nandi for the appellant;
Asok De, Mohinoor Rahman for the respondents Nos. 1 to 4;
Keshab Bhattacharjee for the State.

Judgment

S. B. Sinha, J.

1. This is an appeal against an order dated 10.5.90 passed by a learned Single Judge of this Court in Civil Order No. 19939(W) of 1995 whereby and whereunder the said learned Judge disposed of a writ application filed by the writ-petitioner-respondent no. 1 quashing n notice dated 24th October, 1995 as contained in annexure 'B' to the writ application.

2. The fact of the matter lies in a very short compass.

3. The parties are the members of a co-operative society known as Garbari Union Co-operative Agricultural Credit Society Limited (hereinafter referred to as the 'Society'}. On 23.2.92, the directors of the said Society were elected. According to the writ-petitioners life of the said Board of Directors expired on 22nd February, 1995 and Annual General Meeting was held on 13.2.94 and thus in terms of the provisions of the West Bengal Co-operative Societies Act, 1983 (hereinafter referred to as the 'said Act') the next annual general meeting was to be held on 13.2.95. The Board of Directors held a meeting on 4.12.94 fixing 12.2.95 for holding the Annual General Meeting. However, although in the year 1992 the number of the members of the Society was less than











































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