D.Basu, J. - (1.) The point for determination-in this application under Article 226 is solely one of statutory interpretation, namely, that of Section 86 of the Bengal Co-operative Societies Act, 1912 (1940?).
(2.) The petitioner is an ex-Secretary of the Guskara Union Co-operative Agricultural Credit Society (Respondent 3) which is a society governed by the above-mentioned Act (hereinafter referred to as 'the Bengal Act'). A 'dispute' under Section 86 of the Bengal Act, being Dispute Suit No. 2111-B of 1960-61 has been instituted. Before the Asst. Registrar (Respondent No. 1) by the Society (Respondent 3), claiming to recover money alleged to have been defalcated by the Petitioner while acting as the Secretary of the Society jointly with another person, ex-Manager of the Society, (vide Ann. C) and the Asst. Registrar has issued an order of attachment before judgment, dated 19-7-61, under Section 125 of the Bengal Act (Ann. A). The petitioner has challenged the order of attachment as without jurisdiction and the proceedings as violating the principles of natural justice and asked for orders in the nature of mandamus and certiorari.
(3.) The various points averred in the Application and the counter-affidavits need not be traversed inasmuch as the only point urged before me at the hearing on behalf of the Applicant is that the proceedings in the Dispute Suit are without jurisdiction as the dispute between the Society and an ex-officer is not a 'dispute' as envisaged by Section 86 of the Bengal Act.;