PRATAP KUMAR RAY, SUBAL BAIDYA
Jalpaiguri Central Co-operative Bank Ltd. – Appellant
Versus
Rakesh Purkait – Respondent
Pratap Kumar Ray, J. – Heard the learned advocates appearing for the parties.
2. Assailing the interim order dated 17th April, 2012 passed by the learned trial Judge in W.P. 6863 (W) of 2012, this appeal has been preferred.
3. The stay application has been moved today in connection with this appeal.
4. Having regard to the tenor of the order impugned and having regard to the question of maintainability of the writ application, which we have heard at length, we are of the view that appeal and stay application and concerned writ application could be disposed of by us by a common judgment.
5. Writ application accordingly is taken by us by exercising our appellate jurisdiction.
6. From the writ application and the stay application filed by the writ petitioner in connection with the writ and the appeal it appears that assailing the initiation of a proceeding under Section 35 of the West Bengal Co-operative Societies Act, 2006, writ application was moved. Section 35 of the said Act reads such:
“35. Dissolution of the board and appointment of administrator. - (1) If, on receipt of a report from the Registrar, the State Government is of opinion that-
(a) any board-
(i) has persiste
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