BURWAN SAMABAYA HIMGHAR SAMITY LTD. AND OTHERS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-12-30
HIGH COURT OF CALCUTTA
Decided on December 12,1996

Burwan Samabaya Himghar Samity Ltd. And Others Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

ANJAN CHOUDHURY V. ANANDANEER CO-OPERATIVE REGISTERED HOUSING SOCIETY AND ORS. [REFERRED TO]
BANKURA WHOLESALE CONSUMERS' CO-OPERATIVE SOCIETY LTD. V. WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION LTD. AND ANR. [REFERRED TO]
KRISHNA CHOWDHURY AND ORS. V. STATE OF WEST BENGAL AND ORS. [REFERRED TO]
SOHAN SINGH VS. GENERAL MANAGER ORDNANCE FACTORY KHAMARIA JABALPUR [REFERRED TO]
PRASUN ROY VS. CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. K MASTAN RAO [REFERRED TO]
REGISTRAR COOPERATIVE SOCIETIES W B VS. KRISHNA KUMARSINGHANIA [REFERRED TO]
KRISHNASAMI PANDIKONDAR VS. RAMASAMI CHETTIAR [REFERRED TO]


JUDGEMENT

Satyabrata Sinha, J. - (1.)These two appeals and application under Art. 227 of the Constitution of India being inter related were taken up for hearing together and are being disposed of by this common judgment.
(2.)The fact of the matter is not much in dispute.
(3.)The appellant No. 1 is a Society registered under the Cooperative Societies Act. An agreement was entered into by and between the said Society and Trass Engineers Co-operative Society Limited on 12.6.1979 for construction of a cold storage. The said agreement contained an arbitration clause, which reads thus:-
"That if any dispute arises between the parties in regard to execution of the work and/or any matter connected therewith as the terms hereinabove and the terms contained in the tender the dispute shall be referred to the Registrar of Co-operative Societies, West Bengal, for his arbitration and the decision of Registrar of Cooperative Societies, West Bengal, shall be final and binding upon the parties."

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