GOBINDA CHANDRA MANNA @ GOBINDA MANNA Vs. PILKHAN MAJHPARA SAMABAY KRISHI UNNAYAN SAMITY LTD
LAWS(CAL)-2019-2-62
HIGH COURT OF CALCUTTA
Decided on February 22,2019

Gobinda Chandra Manna @ Gobinda Manna Appellant
VERSUS
Pilkhan Majhpara Samabay Krishi Unnayan Samity Ltd Respondents

JUDGEMENT

Hiranmay Bhattacharyya, J. - (1.) A defendant in a dispute case under Section 102 of the West Bengal Cooperative Societies Act, 2006 has filed the instant application under Article 227 of the Constitution of India challenging the judgment dated July 15, 2016 passed by the West Bengal Co-operative Tribunal in appeal no.09, 2016 as well as the order dated November 28, 2016 passed by the said Tribunal in Review Case No.3 of 2016 arising out of the aforesaid appeal.
(2.) The opposite party herein filed a dispute case under Section 102 of the West Bengal Co-operative Societies Act before the Deputy Registrar of the Cooperative Societies, Hooghly Range, Chinsurah, Hooghly being Dispute Case no.9, 2014-15 against the petitioner herein.
(3.) In the said dispute case the opposite party herein prayed for the following reliefs: i. Holding that sum of Rs. 3,18,000/- is due from and payable by Sri Gobinda Chanda Manna, defendan hereinabove and ex-manager of the plaintiff society to the plaintiff society to the plaintiff society; ii. Directing the defendant hereinabove to pay the said sum of Rs. 3,18,000/- to the plaintiff society in such instalments and within such time as your Honour may fix; iii. Directing that in the event of failure of the defendant to pay as per direction and order as at (ii) above, the plaintiff shall be competent and have the liberty to recover the said sum of money by attachment and sale of the landed properties and other properties of the defendant herein through court; and iv. Passing such other order or orders direction or directions as to your Honour may seem fit and proper.;


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