METROPOLITAN CO OPERATIVE HOUSING SOCIETY LTD Vs. SANTOSH KUMAR PODDAR
LAWS(CAL)-1996-10-9
HIGH COURT OF CALCUTTA
Decided on October 15,1996

METROPOLITAN CO-OPERATIVE HOUSING SOCIETY LTD.,JAGADISH CHANDRA MITRA Appellant
VERSUS
SANTOSH KUMAR PODDAR Respondents

JUDGEMENT

S.K.Mookherjee, J. - (1.)The present application is for recalling an order passed by this Division Bench on 21st August, 1996, preferred by the some of the writ petitioners/respondents in the connected appeal. By the order dated 21st August, 1996, this court, inter alia, passed two directions first to the effect that the words "by the newly elected Managing Committee" would stand deleted; second directing the then administrator Sri. S.P. Mitra, notwithstanding his retirement would continue till complete compliance by him as administrator with the corrections of the court passed at the earlier stages of the proceedings. It is pertinent to note at this juncture that the remuneration of the administrator had been fixed with the consent of the parties at Rs. 1,000.00 per month and that the presents applicant were being represented by three learned Advocates at the relevant time.
(2.)As a ground for recalling of the order it has been urged on behalf of the applicants in the present applications who were some of the respondent in the appeal that no consent was given on their behalf to the part of the order directing continuance of the administrator Sri S.D. Mitra, as above but the consent was intended to apply only to the portion fixing up his remuneration.
(3.)The second ground on which the order was sought to be recalled was a factual one to the effect that prior to the passing of the order in question by this Division Bench in place and stead of Sri S.P. Mitra, Sri Dipak Kumar Ghosh was appointed an administrator and such fact was not brought to the notice of the Division Bench resulting in the order in question being passed by it. The present application embodies also an allegation that due to collusion between Sri S. P. Mitra and some of the members of the society and resistance offered by a negligible section of members, the Registrar had to cancel the order appointing Sr Dipak Kumar Ghosh, as administrator subsequent order dated 24th November, 1995, allowing thereby Sri S. P. Mitra, to function as administrator and to take steps for holding of the election of the society. The paragraphs in the application which purported to make out the aforesaid case have been affirmed as true to knowledge of one of the applicant. The instant application was therefore, made with a prayer for taking note of the said facts and recalling the order in the manner as stated hereinabove.
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