Rajasekhar Mantha, J. - (1.) In Course of hearing on the 29th of January it is informed that the petitioner No. 1 has died. The hearing is not interrupted as the society and its secretary are on record and the cause of action of the petitioner No.1 cannot be in any personal capacity. 1(a). The writ petitioner No.2 is a Co-operative Society called the Woodburn Park Cooperative Housing Society Limited. The Petitioner No.1 (since deceased) and 3 are its Chairman and Secretary respectively.
(2.) The writ petitioners are aggrieved by a judgment and order delivered by the West Bengal Co-operative Tribunal dated 28th February, 2012, in Appeal No. 11 of 2011 dated 5th January, 2011. By reason of such judgment and order an award passed by the Arbitrator in dispute case No. 3/RCS/2010 was affirmed by the Tribunal.
(3.) The facts of the case stated in brief are that in or about 1973-74 the 3rd respondent and his wife became Joint-members of one East End Apartment Co-operative Housing Society Limited (East End). They had paid admission fees of Rs.25/- and Rs.100/- towards share capital. The said Respondent No.3 also paid a sum of Rs.30,000/- towards proportionate cost of land and construction of housing units. The 3rd Respondent and his wife thus became entitled to one flat unit in East End.;