- (1.) National Agricultural Co-operative Maketing Federation of india Ltd. , is a Co-operative Society which had been registered in the State of maharashtra under the Bombay Co-operative Societies Act, 1925. The object of the opposite party No. 1 Society are not confined to State of Maharashtra in which the Society was incorporated. The object of the said Society extends inter alia to this State and it has its branch office at 20, British India Street, Calcutta. Accordingly, the provisions of the Multi Unit Co-operative Societies Act, 1942 apply in matters of incorporation, regulation and winding up of the opposite party No. 1-Society, whose objects are not confined to one State.
(2.) The petitioner had previously instituted Money Suit No. 468 of 19/9 in the City Civil Court at Calcutta against the opposite party-Society for recovery of a sum of Rs. 15,129. 50 P. inter alia on the allegations that the petitioner had placed orders with the opposite party for supply of mustard seeds and had advanced moneys. After adjustment of accounts a sum of Rs. 11,124. 63 P. had become due and payable to the petitioner and the opposite party had failed and neglected to pay. The learned Judge 6th Bench, City Civil Court, Calcutta by his order No. 16, dated 17th June, 1983 dismissed the said Money Suit No. 468 of 1979 upon the finding that as no notice under Section 70 of the Bombay Co-operative societies Act, 1925 was served upon the Registrar of Co-operative societies the said suit was not maintainable. Thereafter, on the prayer of the petitioner made under Section 86 of the West Bengal Co-operative Societies Act, 1973 a reference was made to the Deputy Registrar, Co-operative Societies, central Zone, Government of West Bengal for adjudication of the dispute relating to the above claim of the petitioner against the opposite party-Society. The deputy Registrar, Co-operative Societies, Central Zone overruled the claim of the opposite party that it being a Society registered under the Bombay Co-operative societies Act, 1925 the reference under Section 86 of the West Bengal Co-operative societies Act, 1973 was invalid and the dispute case was not maintainable in law. The Deputy Registrar, Co-operative Societies, Central Zone, government of West Bengal awarded a sum of Rs. 11,124. 63 P. in favour of the petitioner with interest at the rate of 5-1/2%.
(3.) The Member, West Bengal Co-operative Tribunal by the award impugned in the Revisional Application allowed the appeal preferred by the opposite party and set aside the award passed by the Deputy Registrar, Co-operative societies, Central Zone, West Bengal as Arbitrator under Section 86 of the west Bengal Co-operative Act. The Member of the West Bengal Co-operative tribunal has held that the dispute petition under Section 86 of the West Bengal act filed by the petitioner was not maintainable and the petitioner was also bound by the order dated 17th June, 1983 of the City Civil Court at Calcutta dismissing the petitioner's Money Suit No. 468 of 1979.;