Sudhangshu Sekhar Ganguly, J. - (1.) This revisional application has been preferred from judgment and order dated 2-12-86 passed by Shri L. N. Ray, Member, West Bengal Co-operative Tribunal in Appeal No. 69 of 1985 arising out of dispute case No. 1 CZ of 1983-84/5 Cal of 1983-84.
(2.) Admittedly the plaintiff-respondent-opposite party M/s Ram Narayan Tekchand placed an order for 1500 bags of Mustard seeds at the rate of Rs. 225/-per quintal with the present defeadant-appellant-petitioner National Agricultural Co-operative Marketing Federation of India Limited a Co-operative Society registered in the State of Maharashtra under the Bombay Cooperative Societies Act, 1925 and having its branch office at No. 20, British India Street, Calcutta, The opposite party deposited Rs. 10,000/- as advance. Subsequently, the price was reduced to Rs. 220/- per quintal in January, 1976. The opposite party took delivery of 710 bsgs and made payment on various occasions which together amounted to Rs. 1,32,000/-. It is not disputed that the opposite party did not make arrangement for taking delivery of the remaining bags on payment of the price thereof. As such an amount of Rs. 11,124.63 which remained due to it was ultimately forfeited by the present petitioner towards the loss allegedly suffered by it. The opposite party filed Money Suit No. 458 of 1979 in the City Civil Court, Calcutta, 6th Bench for recovery of this amount. The suit was dismissed on the ground of want of service of notice under Section 70 of the Bombay Co operative Societies Act. 1 hereafter the opposite party filed dispute case No. 1 CZ of 1983-84/5 Cal of 1983-84 under Section 86 of the West Bengal Co-optrative Societies Act. The petitioner challenged the jurisdiction of the Registrar under Co-operative Societies Act to entertain the dispute and the application of the West Bengal Co-operative Societies Act, 1973 So it. It was also urged the claim that which was the subject matter of the dispute was hopelessly barred by limitation. While admitting that the respondent had a sum of Rs. 11,124.63 lying with it, it was urged that the same had been appropriated to cover up its losses and damages as the respondent in spite of notice containing a specific warning of forfeiture of the said amount refunded or failed to lift the remaining 782 bags of mustard seeds without any valid reason.
(3.) The dispute case was disposed of by the Deputy Registrar Co-operative Societies, Central Zone, Government of West Bengal. He held that with the lowering of the price per quintal of the mustard seeds a new contract come into being between the parties. While holding further that the dispute was maintainable and not barred by limitation the learned Deputy Registrar held that the present petitioner could not lawfully forfeit the amount. Hence he passed an award for Rs. 11,124.63 in favour of the opposite party.;