Soumen Sen, J. - (1.) THIS writ application is preferred against the judgment of the Ld. Tribunal dated 14th June, 2013 in Appeal no. 13/11. The Appellate Tribunal by the said judgment and order upheld the award dated 4th February, 2011 passed by the Ld. Arbitrator in dispute case no. 19/RC/S/2010.
(2.) THE writ petition no. 1 is claiming to be the Chairman of the Woodburn Park Co -operative Housing Society Limited. One East End Apartment Co -operative Housing Society Limited (hereinafter referred to as the 'parent society') was the owner of two plots of land (a) 11/1B, Ekdalia Place, Kolkata - 700 019 and (b) 5B, Woodburn Park, Kolkata 700 020. Initially the respondent nos. 3, 4 and one Dwarkadas Kothari, the predecessor in interest of the respondent no. 5 and 6 (hereinafter referred as private respondent) were members of the parent society. Owing to dispute and differences between the members of the parent society, which includes private respondents or their predecessor, the respondent nos. 3, 4 and the said Dwarkadas Kothari on 26th August, 1977 tendered their resignation to the parent society. Such resignation was accepted and communicated to the said private respondent vide letters dated 12th January, 1979 by the private respondent no. 2.
(3.) SUBSEQUENTLY by three separate letters all dated 7th February, 1979, the respondents disputed the decision of the parent society to terminate their membership. By the said letters the private respondents and/or their predecessor in interest had unequivocally acknowledged that they had knowledge the decision of parent society for terminating their membership. Thus the cause of action of the respondents to challenge the order and/or decision of termination of their memberships arose in the year 1977.;