JAYANTA BANERJEE Vs. BELDANGA BLOCK 1 CO-OP MARKETING SOCIETY
HIGH COURT OF CALCUTTA
BELDANGA BLOCK 1 CO-OP MARKETING SOCIETY
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(1.) THIS application under Article 227 of the Constitution of india is directed against an order of remand dated 2. 8. 82 passed by Sri S. K. Roy, member, West Bengal Co-operative Tribunal in Appeal no. 7 of 1982 setting aside the Award dated 15. 1. 1982 passed by Sri a. K. Chatterjee, Co-operative Development officer as Arbitrator in Dispute Case No. 1 of 1981 and remanding the case for fresh decision according to law and the observations made in the judgment, after taking evidence.
(2.) THE petitioner as proprietor of the business under the name and style of Modern agricultural Seeds at Chinsurah supplied against indents 1000 packets of Nabin j. R. O - 524 variety of jute seeds along with other varieties of jute seeds to the opposite party No. 1 Beldanga Block Cooperative Marketing society at Beldanga (hereinafter called the Society) in two consignments on 3. 3. 81 and 1. 4. 82 at a total price of Rs. 13,824/- out of Rs. 5120/- is said to have been paid to the petitioner. The society raised a dispute under Section 86 of the West Bengal Co-operative Societies Act, 1973 before the Assistant Registrar, Co-operative Society, Murshidabad alleging that the society after the aforesaid purchase sold away the entire stock of nabin variety of jute seeds to the cultivators between 5. 3. 81 and 15. 4. 81, that the cultivators who utilised them complained of early or premature flowering and branching of jute plants and claimed damages for the loss caused thereby, that technical experts visited the fields and Nabin variety of jute seeds collected from the godown of the society were tested in the laboratory and found to contain 75% to 80% seeds of another variety being J. R. O. 632 and that the society suffered by paying damages to the cultivators and on account of loss of reputation and goodwill. On these grounds the society claimed Rs. 3,00. 000/- as damages from the petitioner.
(3.) THE petitioner filed written statement denying his liability. He pleaded inter alia that he supplied the correct standard of jute seeds that early flowering and branching of nabin variety Supplied by him might have been caused by occasional reins and colder and erratic climate in the area in march and April, 1981, that it did not cause any damage to the cultivators and the society did not pay anything to them, that the sample taken by the said testing officer in the absence of the petitioner was not of the seeds supplied by the petitioner and that there was no question of loss of reputation and goodwill of the society or it's suffering any damages.;
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