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2019 Supreme(Cal) 225
IN THE HIGH COURT OF CALCUTTA
Rajasekhar Mantha, J.
Chatter Singh Baid & Ors - Appellants
Vs.
State of West Bengal & Ors - Respondents
Writ Petition No. 580 of 2012
Decided On : 31-01-2019
Moloy Ghosh, Adv., Suman Dutta, Adv., Atish Ghosh, Adv., Abhrajit Mitra, Adv., Sarvapriyo Mukherjee, Adv., Saptarshi Mukherjee, Adv., Rajshree Kajoria, Adv.
The main legal point established in the judgment is the recognition of membership in a co-operative society and the application of the statutory provisions under the WBCS Act of 1973.
Headnote:
Co-operative Society - Dispute over membership - West Bengal Co-operative Societies Act, 1973 - Summary of Acts and Sections: WBCS Act of 1973, Section 71, Section 95(3) - The court discussed the dispute over membership of a co-operative society and the application of the WBCS Act of 1973, particularly Section 71 and Section 95(3), and the interpretation of the statutory provisions influenced the court's decision.
Fact of the Case:
The case involved a dispute over the membership of a co-operative society, with the petitioner challenging the recognition of the third respondent as a member of the society. The court analyzed the facts, finding in favor of the third respondent based on the interpretation of the statutory provisions and the application of the law.
Finding of the Court:
The court found that the third respondent was rightfully recognized as a member of the co-operative society, and the opposition by the petitioners was not bona fide. The court dismissed the writ petition with costs assessed at Rs.11,000 payable to the third respondent.
Issues: The main issue was the recognition of the third respondent as a member of the co-operative society, and the dispute over the application of the WBCS Act of 1973, particularly Section 71 and Section 95(3).
Ratio Decidendi: The court's decision was influenced by the interpretation of the statutory provisions under the WBCS Act of 1973, particularly Section 71 and Section 95(3), and the finding that the opposition by the petitioners was not bona fide.
Final Decision: The court dismissed the writ petition with costs assessed at Rs.11,000 payable to the third respondent.
Rajasekhar Mantha, J.
In Course of hearing on the 29th of January it is informed that the petitioner No. 1 has died. The hearing is not interrupted as the society and its secretary are on record and the cause of action of the petitioner No.1 cannot be in any personal capacity.
1(a). The writ petitioner No.2 is a Co-operative Society called the Woodburn Park Cooperative Housing Society Limited. The Petitioner No.1 (since deceased) and 3 are its Chairman and Secretary respectively.
2. The writ petitioners are aggrieved by a judgment and order delivered by the West Bengal Co-operative Tribunal dated 28th February, 2012, in Appeal No. 11 of 2011 dated 5th January, 2011. By reason of such judgment and order an award passed by the Arbitrator in dispute case No. 3/RCS/2010 was affirmed by the Tribunal.
3. The facts of the case stated in brief are that in or about 1973-74 the 3rd respondent and his wife became Joint-members of one East End Apartment Co-operative Housing Society Limited (East End). They had paid admission fees of Rs.25/- and Rs.100/- towards share capital. The said Respondent No.3 also paid a sum of Rs.30,000/- towards proportionate cost of land and construction of housing units. The 3rd Respondent and his wife thus became entitled to one flat unit in East End.
4. East End already owned plot of land 11/1 B, Ekdalia Place, Kolkata700019. Another plot measuring 1 Bigha and odd was purchased by the East End at 5B Woodburn Park, Kolkata-700020. Two multistoried buildings containing one flat unit each were to be constructed on the said two plots of land.
5. Sometime in the year 1975 disputes and differences arose between the parties of East End and its Managing Committee and some members filed a writ petition in this Court being No. 205 of 1975.
6. The respondent No. 3 and his wife are stated to have resigned from membership from 11th of December, 1976. On the 9th of January, 1977 the resignation of the 3rd respondent and his wife are stated to have been accepted by the Managing Committee of East End. Unsigned copies of the said letter of resignation are available in the records. The originals have never seen the light of the day.
7. Wp No. 205 of 1975 came to be disposed of and an appeal No. 504 of 1977 came to be filed from the said order.
8. By an order dated 15th December, 1978, a Division Bench of this Court disposed of the Appeal No.504 of 1977 and writ petition directing the Registrar, Co-operative Societies, West Bengal, to divide the assets and liabilities of East End into two separate societies/entities.
9. In the said writ petition No.205 of 1975 and proceedings there under one M. Chatterjee, Chairman of the Board of East End, filed an affidavit enclosing a list of members of the said society of East End being 118 which included name of the 3rd respondent. By a letter dated 10th January, 1979 the 3rd respondent and his wife are stated to have withdrawn the alleged resignation of their membership of East End. Even after the order dated 15th December, 1978, the said M. Chatterjee addressed a letter dated 16th June, 1979 to the DRCS enclosing a list of members of East End that included the name of the 3rd respondent and his wife
10. Based on the order said order dated 15th December 1978 passed by the Division bench of this Court, the Deputy Registrar Cooperative Societies, (DRCS) passed a preliminary order dated 5th September, 1979 under Section 71 of the WBCS Act of 1973 dividing East End into two separate societies namely Ekdalia Co-operative Housing Society Limited to be located at Ekdalia property and Woodburn Park Co-operative Housing Society Limited (Woodburn) to be located at Woodburn Park Property. In the said preliminary order published in the Official Gazette, the respondent No.3 was, however, declared a non-member. The said respondent was, however, deemed a creditor of Woodburn society for a sum of Rs.
