ML Ct. No. 05 WPA 26021 of 2024 Sri Subir Chandra Banerjee v. State of West Bengal & Ors.
Case at a glance
- Bench
- RAJA BASU CHOWDHURY
Outcome
Disposed of
petition is disposed of
Provisions considered
Key paragraphs
- Para 66. With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)
Judgment
Mr. Kamalesh Jha Ms. Sarbani Biswas …. for the petitioner Mr. P.K. Roy, Sr. Advocate Mr. Asis Dutta Mr. Sasthi Charan Dhara ….for the respondent No. 1 Mr. Ankit Sureka Mr. Biplab Das ……for the respondent No. 4 Ms. Deblina Chattoraj Ms. Poulomi Chattopadhyay ….. for the respondent No. 5-6
The petitioner is aggrieved by the failure on the part of the respondent No. 2 not only to provide the petitioner with the details of the accounts held with the Co- operative Society but to disburse such sum as lying with the Co-operative Society to the petitioner’s account.
After hearing learned advocates appearing for the respective parties, I find that the petitioner has an alternative remedy under the provisions of West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as the said Act).
Section 102 of the said Act provides that if any dispute concerning the management or business or affairs of the Co-operative Society is raised, the same shall be filed before the Registrar for settlement.
Although Mr. Jha, learned advocate representing the petitioner at this stage would submit that despite the 2 petitioner filing a representation before the Registrar of Co-operative Societies, no steps have been taken for redressal of his grievance, I am of the view that the claim of the petitioner ought to be filed by following due procedure as laid down in the said Act and rules framed thereunder.
Having regard thereto, in the event, the petitioner applies before the concerned Registrar of Co-operative Societies in requisite format, such application shall be considered and decided in accordance with law.
Operative part
With the above observations and directions, the writ petition is disposed of. (Raja Basu Chowdhury, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
West Bengal Co-operative Societies Act, 2006.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.