I.P. Mukerji, J. - (1.) This case has a long history. East End Apartments Co-operative Housing Society Ltd. founded under the West Bengal Co-operative Societies Act 1973 owned two plots of land, one premises No. 5 B Woodburn Park Road, Kolkata - 700020 and the other premises no. 11/1B Ekdalia place, Kolkata - 700019. The society at first constructed a multi-storied residential building at 11/1B, Ekdalia Place, Kolkata 700019. This building had 21 flats. It wanted to construct another multi-storied building at Woodburn Park Road.
(2.) A Division Bench of this Court on 15th December, 1978 directed the Registrar of Co-operative Societies Government of West Bengal (Registrar) to take steps for division of the assets and liabilities of this co-operative society, according to the said Act. In compliance with this order, the Registrar made a preliminary order for division of the properties on 5th September, 1979 under Section 77(1) of the said Act. Some members of Woodburn Park Cooperative Society objected to the preliminary order. On 23rd June, 1980, the Deputy Registrar passed the final order of division under Section 77 of the said Act and registered two new societies Woodburn Park Co-operative Societies (Woodburn) and Ekdalia Housing Co-operative Ltd. (Ekdalia). On 8th August, 1988 the Deputy Registrar constituted directors of the Woodburn Park Co-operative Housing Society Ltd. as the Managing Committee.
(3.) Smt. Chanda Devi Tantia and 12 others moved a writ application in this Court CR No. 3922 (w) of 1981 challenging this final division and also the appointment of the first Managing Committee. They said that without giving any hearing to them the final order of division was made listing them as nonmembers of Woodburn. On 20th June, 1984 the writ application was allowed in part by setting aside the order dated 23rd June, 1980 and directing the Registrar to appoint an administrator in Woodburn. This society filed an appeal against this order before a division bench of this Court (FMAT No. 1971 of 1984). Initially the judgement and order dated 20th June, 1984 was stayed by the Division Bench but ultimately by a judgement and order made on 1st August 2002 it dismissed this appeal. Woodburn preferred a special leave petition before the Supreme Court of India (SLP(C) No.18801 of 2002. The special leave petition was admitted by the highest Court, heard out as an appeal and finally disposed of on 2nd April, 2008 as follows. "In the background of factual position it would be appropriate to set aside the High Court's orders. Let the matter be considered by the Registrar afresh within a period of 6 months. The enquiry will be restricted to decide the question whether there was any resignation and whether letter of resignation was signed by the objectors and whether the resignation was approved by any resolution and on the question of refund of share money and the effect of refund and acceptance. The Registrar shall also consider the other materials which have relevance so far as resignation in consideration. It would be open to the Registrar to call for the records and the documents from the parties within a period of 6 months. There would be no allotment to 13 persons who raised objections until decision is taken by the Registrar. The appeal is disposed of accordingly. No costs.";