BIKASH MUKHERJEE Vs. UTPAL KUMAR DUTTA
LAWS(CAL)-2019-6-135
HIGH COURT OF CALCUTTA
Decided on June 26,2019

Bikash Mukherjee Appellant
VERSUS
Utpal Kumar Dutta Respondents

JUDGEMENT

Sabyasachi Bhattacharyya, J. - (1.) The judgment debtor in a proceeding before an Arbitrator under the West Bengal Co- operative Societies Act, 2006, has preferred the instant application under Article 227 of the Constitution of India. A proceeding was initiated by the decree holder/opposite party against the petitioner and a co-operative society, seeking the following reliefs: " (a) to declare the transfer of the flat of the plaintiff being flat No. 2 on the ground floor at the premises No. HB-327, Salt Lake City, Sector-III, Kolkata - 106, alongwith two shares of defendant No. 1, by Defendant No. 1 in favour of Defendant No. 2, illegal, without authority and malafide. (b) to set aside the said transfer of flat of the Plaintiff being flat No. 2 on the ground floor at premises No. HB-327, Sector-III, Salt Lake City, Kolkata - 106 alongwith two shares of the Plaintiff in the Defendant No. 1 by Defendant No. 1 in favour of Defendant No. 2. (c) to direct the Defendant No. 2 to vacate the said flat No. 2 on the ground floor at premises No. HB-327, Sector-III, Salt Lake City and make over vacant possession of the same to the Plaintiff, alternatively, to direct the defendants to pay compensation of Rs. 20 lakhs calculated at the current market price of flat No. 2 on the ground floor at premises No. HB-327, Salt Lake City, Kolkata - 106 to the plaintiff. (d) to direct the Defendant to pay the cost of litigation to the plaintiff. "
(2.) The Arbitrator disposed of the said proceeding on contest, thereby passing a two-fold award.
(3.) First, the "so called transfer of membership, share and right, title, interest ....." over the disputed flat between the opposite party and the petitioner, was set aside.;


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