Mehitosh Majumdar, J. - (1.) The writ petitioner impugned the appellate order arising of the award in Dispute Case No. 24/Calcutta of 1975-76 passed by D. K. Sanyal, Arbitrator appointed ander Section 86 of Beagal Co-operative Societies Act, 1973 for short (the said Act hereinafter) passed in Appeal No. 29 of 1976 dated December 21, 1976 by Sri S. K. Chatterjee, Judge, West Bengal Co-operative Tribunal.
(2.) Late Tapan Maitra (for short the said Maitra hereinafter), was a member of Surendra Nath Co-operative Housing Society Limited having its office at No. 238, Manicktolla Main Road, Calcutta. The Writ petitioner is the widow of the said Maitra who was allotted Suite No. 22, unit No. 1, by the Managing Committee of the said Society on condition that the total price would be paid by instalments, in August, 1965. Total price of the suite was Rs. 23,000/- out of which the said Maitra paid Rs. 16, 923.32 during his lifetime and died on April 15, 1974. Ranjan Kumar Maitra, Respondent No. 3 was nominated by the said deceased. The said nomination in favour of Respondent No. 3 was made by the said Maitra before his marriage.
(3.) The language of nomination is reproduced below : "I also wish to nominate and do hereby nominate my relation name, Sri Ranjan Kumar Maitra, address : 78, Ashokegarh East, Calcutta-35, age 26 to whom the value of the shares I may be permitted to hold and the profit which may accrue thereon, as also any sum, or sums payable to me, on any account should be paid ia the event of my death.";