- (1.) IN the instant application the petitioner challenges an order passed by the Registrar of Co-operative Societies on August 9, 1989 which is annexure 'l' to the petition in exercise of the power conferred upon him under Section! 137 of the West Bengal co-operative Societies Act, recalling Order No. 20496 dated december 8, 1983 passed by himself appointing one Sri p. P. Ghosh, Deputy Registrar of Co-operative Societies (Indus), West Bengal to hear and arbitrate the dispute between the parties on his behalf in terms of Clause 15 of the agreement between the parties. By the said order impugned in the petition the said Registrar further recalled. the proceedings undertaken in terms of the aforesaid order dated December 12, 1983 and the award passed on May 15, 1985.
(2.) THE matter was contested by the respondents. The petitioner is a Co-operative Society composed mainly of unemployed engineers registered under the provisions of the West Bengal Co-operative Societies Act, 1940 hereinafter referred to as the 1940 Act. The respondent no. 3 is also a Co-operative Society registered co- operative Societies Act, 1973, hereinafter referred to as the 1973 Act. Ultimately, the petitioner was selected in an open bid call for execution of the construction and commissioning of 4,000 M. T. Capacity Cold Storage of amarjyoti Samabay Himghar Ltd. , Kalara, P. O. Jamalpur, dist. Burdwan. Ultimately, however, the said project was abandoned by the Transfer committee but the petitioner was offered to execute the work of construction and commissioning of 4,000 M. T. Capacity Cold Storage at Gram salika, murshidabad.
(3.) THER after an agreement was entered into by and between the petitioner, the respondent no. 3 and the Benfed on June 12, 1979 under certain terms and conditions and the work order for construction and commissioning of the said cold storage was issued by the respondent no. 3 by their letter dated June 12, 1979,, A copy of the said agreement has been annexed to the petitioner marked with the letter 'a';