S.MAJUMDAR, D.KARFORMA
AMALENDU SARKAR – Appellant
Versus
NABADWIP CO-OPERATIVE BRICKS & POTTARY SOCIETY LTD. – Respondent
Mr. D. Karforma, Member—This is an appeal against the order dated 6.3.1999 passed by the District Forum, Nadia. The present appellant was the complainant before the Forum while the present respondent was the O.P.
2. From the impugned order it is observed that the Forum rejected the petition of the complainant at the preliminary stage on the ground that the case was not maintainable before the Forum. As the complaint was dismissed on the ground of maintainability alone, the merits of the case were not gone into by the Forum. Being aggrieved by that order, the complainant has come in appeal before the Commission.
3. We find from the impugned order that the Forum relied upon Section 95 of the West Bengal Co-operative Societies Act, 1983 wherein it has been enjoined that any dispute concerning the business of a co-operative society capable of being the subject of civil litigation shall be referred in the prescribed manner to the Registrar of Co-operative Societies, if the parties thereto are, inter alia, any person having transaction with a co-operative society [vide Section 95(d) of the aforesaid Act]. Though in the impugned order it has not been specifically mentioned, we find th
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