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2021 Supreme(Cal) 296

SUBHASIS DASGUPTA
Kartik Chandra Das – Appellant
Versus
Dewanbheri Uttarpara Samaby Krishi Unnayan Samiti Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prosenjit Mukherjee, Adv., Mr. Jahangir Hossain, Adv., Mr. Arghya Kamal Das, Adv.
For the Opposite Parties : Mr. Pabitra Charan Bhattacharyya, Adv., Mr. Subhajit Panja, Adv.

JUDGMENT :

Subhasis Dasgupta, J.

1. The impugned order dated 24th March, 2021 passed by the learned Arbitrator, Hooghly Range, Officer at Hooghly in connection with a dispute Case No.01 of 2020/2021, under Section 102(1) of the West Bengal Co-operative Societies Act, 2006, holding the dispute case to be maintainable after rejecting the prayer challenging the maintainability of proceeding, is subject matter of challenge in this revisional application.

2. Adverting to a copy of petition seeking for quashment and/or annulment of the dispute case instituted against the petitioner, in dispute case No. 01 of 2020/2021, being page 108 of the instant revisional application, Mr. Prosenjit Mukherjee, learned advocate representing the petitioner submitted that initiation of a recovery case by opposite parties upon resorting to Section 102(1) of the West Bengal Co-operative Societies Act, 2006 was bad in law having no sanction of law, on the ground that disciplinary action taken by the management of the Co-operative Societies/opposite parties involved in this case, against a paid employee, though subsequently dismissed from service, could never be regarded as concerning the management, or busines

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