- (1.) This revisional application is directed against an Order No. 57 dated 25.9.2008 passed by the Civil Judge (Senior Division), Asansol in Money Suit No. 23 of 1999 by which an application challenging the maintainability of the suit was rejected. The suit is at the instance of the Cooperative Credit Society, praying for a decree for recovery of money lent and advance to the defendants therein for purchase of the immovable property.
(2.) The defendant No. 1/petitioner raised objection as to the maintainability of the suit in view of an embargo created under the provisions of West Bengal Cooperative Societies Act, 1983.
(3.) Mr. Probal Kumar Mukherjee, learned Advocate appearing for the defendant no. 1 petitioner submits that the word "dispute" has been defined under section 2(20) of the said Act which means any matter capable of being the subject matter of civil litigation including the claim in respect of any sum payable to or by a Cooperative Society. He further submits that section 95(1) of the said Act confers jurisdiction upon the Registrar of the Cooperative Society to adjudicate the dispute concerning the business and affairs of Cooperative Society which includes the transaction between the Co-operative Society and another person. He strenuously submits that section 134(2)(d) of the said Act creates a bar upon the civil court to adjudicate the dispute as defined in the said Act which is conferred upon the Registrar, Co-operative Society. To buttress such submission, he relies upon a judgement of the Special Bench in case of Anjan Chowdhury vs. Anandaneer Co-operative Registered Housing Society & Ors.,1990 1 CalHN 404and a Division Bench judgement in case of Konnagar Samabayay Bank Ltd. vs. Nilmonee Banerjee & Ors., 1986 91 CalWN 1112and in case of Sisir Kanun Guha & Anr. vs. Ayakar Griha Nirman & Anr., 2008 4 ICC 185.;