BISWAJIT BASU,J. - (1.) The revisional application under Article 227 of the Constitution of India is directed against order dated October 06, 2015 passed by the learned West Bengal Co-operative Tribunal in Appeal No.30 of 2008.
(2.) The facts and circumstances relevant to determine the issue involved in the present revisional application is that the opposite party No. 1 applied for the membership of the petitioner Co-operative Society to get a residential flat as a member of the said society. The opposite party No. 1 for the aforesaid purpose admittedly paid a sum of Rs. 1, 25,000/- to the society. The petitioner society did not admit the opposite party No. 1 as its member in spite of receipt of the said sum of Rs. 1,25,000/-. The opposite party No. 1 under such circumstances filed a dispute case filed a dispute case before the Registrar of Co-operative Societies, West Bengal, being dispute case No. 24/ RCS of 1990- 91. The Registrar of the Co-operative Societies appointed Shri. Susanta Kumar Patra, as the arbitrator of the said dispute case. The learned arbitrator by his award dated March 25, 2008, inter alia, directed the petitioner Co-operative Society to consider the opposite party No. 1 as a member on priority basis.
(3.) The opposite party No. 1 being aggrieved by as satisfied with the said award preferred an appeal before the, West Bengal Co-operative Tribunal, being appeal No. 30 of 2008. The Tribunal disposed of the said appeal holding, inter alia, that the learned arbitrator has rightly come to a conclusion that plaintiff never been admitted member of the defendant society despite acceptance Rs. 1,25,000/- and the petitioner Co-operative Society received the said money from the opposite party No. 1 illegally before granting of membership.;