Paritosh Kumar Mukherjee, J. - (1.) The present writ petition was moved on behalf of Bejoy Kumar Ukil and another, challenging, inter alia, a report dated July 18/21, 1989, submitted by Shri N. Goswami, Liquidator, ARCO Co -operative Housing Society Ltd., and thereby not recommending for rescinding the order of winding up of the Society. The said report has been annexed at pp. 105 to 116 of the present writ petition.
(2.) Earlier, the Division Bench of this Court presided over by P.D. Desai, C.J. (as His lordship then was) sitting with Susanta Chatterji J. by Their lordships' judgment dated April 5, 1989, had disposed of the appeal preferred by the State of West Bengal, through the Secretary, Department of Co -operation, arising out of the judgment and order passed by a learned Single Judge of this Court, on the writ petition filed by ARCO Housing Society Ltd.
(3.) It appears that by the said judgment the writ petition was also disposed of with following terms: (a) The interim orders dated December 31, 1988, and February 3, 1989, are both vacated, the Special Officer (Sardar Amzad Ali) is discharged. He is directed to hand over the possession of the disputed property to the third Appellant (Liquidator) without prejudice to the rights and contentions of the parties to be ultimately decided in an appropriate proceeding as aforesaid; (b) The original Respondents (writ Petitioners) will deposit a sum of Rs. 6,000 (Rupees six thousands only) per month, from month to month, on and from current month, with the third Appellant to enable him to take all the necessary steps in the direction of the maintenance and preservation of the disputed property including the posting of security guards to the extent necessary and to otherwise discharge his functions and duties as Liquidator in connection with the said property. The deposit is subject to accounting by the third Appellant and to the right of the original Respondents/writ Petitioners to claim refund, if ultimately it is found that any balance sum is left with the third Appellant after utilising the funds as aforesaid. In case, of non -payment, the Liquidator will be at liberty to make an application to the Court seeking appropriate directions. The amount, accordingly, deposited will be kept in a separate Bank account and will be withdrawn and utilised, in the first instance, for posting adequate number of security guards from time to time. (c) If and when an appropriate proceeding is instituted before a proper forum by any of the parties hereto to enable its/their rights, title and interest, with respect to the disputed property, being declared and/or enforced, such authority will be free to decide such claim(s) without feeling in any manner inhibited by any of the orders passed by this Court in the course of the proceeding out of which this appeal arises. (d) The second Appellant (Registrar of Co -operative Societies, West Bengal) agrees and states through his Counsel that no formal order seeking his leave to institute any proceeding against the third Appellant (Liquidator) by any of the parties hereto would be required to be obtained in terms of Sub -section (3) of Sec. 134 of the West Bengal Co -operative Societies Act, so far as any claim with respect to the disputed property is concerned, and that such leave may be deemed to have been granted by him by the statement herein recorded in terms aforesaid. (e) The third Appellant (Liquidator) will convene a meeting of the members of the first Respondent ARCO Co -operative Housing Society (Ltd.) (In liquidation) in terms of the direction issued on October 6, 1988, in Civil Order No. 4242 (W) of 1984 by this Court and he will lake all other and further actions in terms of the said order. (f) The meeting will be convened on April 24, 1989, at 3 p.m. in the office of the second Appellant (Registrar of Co -operative Societies, West Bengal). The notice of the meeting will be served by registered post with acknowledgement due by the third Appellant upon the members of the Society whose list will be submitted to him by the second and third Respondents, after being satisfied that they are in fact members of the Society. The list of creditors, if any, will also be supplied to him, if required, by those Respondents for service of notice or otherwise. In case the third Appellant submits a report in favour of the cancellation of the winding up proceeding the second Appellant shall act upon such report in accordance with law and pass appropriate orders in connection therewith within a period of fifteen days from the date of the submission of such report.;