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2025 Supreme(Online)(Cal) 565

CALCUTTA HIGH COURT
Justice Debangsu Basak, Justice Md. Shabbar Rashidi, JJ
MEMBER SECRETARY AND PROJECT DIRECTOR – Appellant
Versus
THE W.B STATE COOPERATIVE MARKETING FEDERATION LTD. AND ORS – Respondent


Advocates:
Mr. Pradip Kumar Roy, Sr. Adv., Mr. Partha Sarathi Pal, Adv., Mr. Malay Kr. Roy, Adv., Mr. Srijan Nayak, Adv., Mr. Ankit Sureka, Adv., Mr. Biplab Das, Adv., Mr. Sukanta Chakraborty, Adv., Mr. Anindya Halder, Adv.

DEBANGSU BASAK, J.:-

1. Appellant has assailed an order dated April 10, 2024 passed in WPA 12905 of 2019 by which, learned Single Judge, directed the appellant to make payment of a sum of Rs. 20,66, 315/- to West Bengal State Co-operative Marketing Federation Limited (BENFED) within four weeks. Learned Single Judge has subha allowed BENFED to realise its margin and to make payment within a fortnight thereafter to Global Agri Horti Nursery (GAHN). Learned Single Judge has also directed payment of interest.

2. Learned Senior Advocate appearing for the appellant has contended that, the appellant challenged the order of the Co- operative Appellate Tribunal dated August 16, 2018 affirming the award dated March 8, 2016 passed Dispute Case No. 11/RCS of 2012 by the Registrar Co-operative Societies by way of a writ petition being WPA 8995 of 2019 which was dismissed for default. BENFED had also filed a writ petition being WPA 12905 of 2019 challenging the same order dated August 16, 2018 of the Co- operative Tribunal in which the impugned order was passed. He has submitted that, application for restoration as well as an application for condonation of delay are pending in WPA 8995 of 2019.

3.

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