AMRITA SINHA
Ayan Samanta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Amrita Sinha, J.
1. The instant writ petition has been filed seeking a direction upon the respondents not to give any effect and/ or further effect to the order dated 19th July, 2022 and the award dated 28th July, 2022 passed by the arbitrator being the Deputy Registrar of Cooperative Societies inter alia, on the ground that the Deputy Registrar of Cooperative Societies lacks the jurisdiction to pass the award and the jurisdiction lies only with the Registrar of Cooperative Societies.
2. The award was passed by the arbitrator after hearing all the necessary parties. The arbitrator after consideration of the memorandum of statements and after conclusion of hearing on examination of evidences on record, came to a considered finding that lease of the scheduled property was not in conformity with Sections 28 and 2(2) of the West Bengal Cooperative Societies Act, 2006, herein after referred to as ‘the Act’ for short and with Rule 53 (1) of the West Bengal Cooperative Societies Rules, 2011, herein after referred to as ‘the Rules’ and the same was done without maintaining financial propriety. The arbitrator set aside the lease with immediate effect.
3. After initial hearing of the
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