DAKSHINEE CO Vs. SMT. TAPATI BANERJEE
HIGH COURT OF CALCUTTA
Smt. Tapati Banerjee
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Pratap Kr. Ray, J. -
(1.)These two applications under Art. 227 of the Constitution of India have been filed by the petitioners, who are office bearers of Housing Cooperative Society along with the Society itself, challenging the judgment and order dated 4th March, 2002 passed by learned Member of the West Bengal Cooperative Tribunal in Appeal Case No. 14 of 2001 and 18 of 2001 as heard analogously being the appeals assailing the award dated 17th Jan., 2001 passed by Arbitrator under West Bengal Cooperative Societies Act, 1973 in Dispute Case No. 10/RCS/94 whereby and whereunder the said Tribunal dismissed the Appeal No. 14 of 2001 filed by the said Housing Cooperative Society and allowed the Appeal No. 18 of 2001 filed by plaintiff of Dispute Case Smt. Tapati Banerjee on certain modification of the award dated 17th Jan., 2001 passed in the said Dispute Case.
(2.)Both these two applications are taken up for analogous hearing. The sole opposite party in both these two applications, Smt. Banerjee contested these applications by filing respective affidavits. The facts leading to the Dispute Case culminated to judgment and decree of the learned Tribunal below are to this effect :
(3.)Smt. Tapati filed the application under Sec. 93 of the West Bengal Cooperative Societies Act on the allegation, that the said Cooperative Society illegally refused the claim to have allotment of garage in her favour as well as on the issue that said Housing Society in the matter of allotment of garage space, without following any rules and regulations, granted such allotment in favour of members enrolled in the Housing Society after Sint. Banerjee.
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