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IN THE HIGH COURT AT CALCUTTA
Prakash Srivastava, J
Bengal Secretariat Co-operative Land Mortgage Bank and Housing Society Ltd. and Another v. Sri Aloke Kumar
| Table of Content |
|---|
| 1. initiation of dispute over the legality of actions taken in cooperative society. (Para 1 , 1 , 2 , 3) |
| 2. assessing the must vs. must not of the compliance with arbitral award. (Para 4 , 8) |
| 3. arguments presented by petitioners regarding compliance with the award. (Para 6 , 10 , 11) |
| 4. court's evaluation of procedural violations and resolutions. (Para 16 , 18) |
| 5. final ruling on the case with reference to art. 227 jurisdiction. (Para 30 , 33) |
1. The opposite party, a member / Director of the petitioner society, instituted a dispute case, bearing Dispute Case No. 47 of 2002-2003, for the following reliefs:
a) Declaring that all actions of the member right from the publication of the notice inviting bids, float of bid documents, the proceedings and resolution in the adjourned Annual General Meeting of the aforesaid Society held on May 5, 2002 accepting the offer of M/s Hi - Rise Apartment Makers Private Limited and acceptance of earnest money and security deposit of Rs.10 lakhs from them and thereafter, were illegal and void; and
b) Permanently restraining the defendants and their men and agents from proceeding further and taking any steps further on the basis of the said
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