- (1.) The appellant above-named has preferred this appeal against the judgment and order of the Learned single Judge dated 20 September 2004 which has also been impugned by the cross-objection filed by the writ petitioner-respondent.
(2.) All the parties advanced common argument in both the matters therefore the same are disposed of by the following judgment and order before the learned trial Judge. The aforesaid writ petition W. P. No. 1597 of 2004 was filed by the writ petitioner-respondent/cross-objector on the following summarized fact: The writ petitioner Chandidas Ghosh in the capacity of the Secretary of the Security, Stock Brokers' Welfare Association of India (hereinafter the said Association) which is a registered association under the Societies Registration Act and is espousing the cause of all the members of the said Association. The members of the said Association being the share brokers were required to register themselves with the appellant and for such registration the Board had earlier levied fees by notification dated 10th April 1992 since modified from time to time. In order to realize registration fee the turnover data of all the Brokers are required to be collected. The appellant herein by circular no SMD/Policy/Cir.07/2002 dated 28th March 2002, circulated a format of auditors certificates for furnishing turnover data and breakup thereof. The term "turnover" given in the said notification was not acceptable to the various Stock Brokers so writ petition was filed by one Stock Broker namely Lalit Kumar Marodia for declaratory relief of true construction and interpretation of the word "turnover" mentioned in the said Regulation.
(3.) In the said writ petition it was contended that word 'turnover' meant not what had been stated in the said regulation, but "the net amount" receivable after day's transaction, should be treated as turnover for the purpose of levying registration fee. In the said writ petition an interim order was passed directing the respondents including appellant to maintain status quo with regard to the realization of the registration fee and the said interim order continued till the disposal of the writ petition. A large number of share and Stock Brokers either individually or through their association including the present association came to be added as parties and indeed they were added. However, the said writ petition was dismissed by this Court by judgment and order dated 22 April 2004. An appeal has been preferred against the said dismissal order of the earlier writ petition and appeal Court granted conditional order of stay of the operation of the learned trial Judge.;