ARINDAM SINHA,J. - (1.) Madhya and Paschim Howrah Co-operative Housing Society Limited applied for division into two societies. By order dated 1st April, 2005 Assistant Registrar of Co-operative Societies, Howrah divided it into two co-operative housing societies, one of them retaining original name and the other to be known as Prayas Co- operative Housing Society Limited (hereinafter referred to as 'Prayas'). The original society owed money to Bantra Co-operative Bank Limited. The debt was partly repaid and partly outstanding. The bank moved this Court by W.P 11201(W) of 2006.
(2.) Mr. Chakraborty, learned advocate appears on behalf of the bank and had earlier appeared and submitted, his client's writ petition was successful. By order dated 19th April, 2010, coordinate Bench set aside order of division. Pursuant thereto, order dated 7th June, 2012 came to be passed by said Authority. He relied on following in order dated 7th June, 2012. "Now therefore, in terms of subsection 1 of Section 22 of W.B.C.S. Act, 2006 and in consideration of the foregoing paras, it is hereby ordered that the final order of bifurcation of the said society into two societies namely, 1) Madhya and Paschim Coop. Housing Society Ltd. and 2) Prayas Coop. Housing Society Ltd. Shall take effect on and from the date on which all the dues to the creditor bank will be paid by the said society."
(3.) He submitted, till then there could not have been and there was no division of the society. However, Prayas applied for review under section 148(2)(a), West Bengal Co-operative Societies Act, 2006. This review application was dealt with by order dated 17th April, 2013, one of two orders impugned herein. In exercise of power, purportedly under section 148, Additional Registrar of Co-operative Societies (Law), West Bengal modified order dated 7th June, 2012 as would appear from extract below: - "Therefore, assessing all the pros and cons upon hearing and careful consideration of the whole issue partial amendment of the Order No.1718 dt.7-6- 12 issued by A.R.C.S. Howrah is done and order shall be as under : 'New therefore in terms of sub section (1) of Sec.22 of W.B.C.S. Act 2006 and in consideration of the foregoing paras it is hereby ordered that the final order of bifurcation of the said society in two societies namely (1) Madhya and Paschim Co-operative Housing Society Ltd. And (2) Prayas Co-operative Housing Society Ltd. Shall take immediate effect. ;