SANDIP BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a writ-petitioner and is directed against an order dated 6th May, 2009 passed by a learned single Judge of this Court by which His Lordship dismissed the said writ-application filed by the appellant with further observation that the dismissal of the writ-application would not prejudice the right of the appellant in the event he chose to appear before the Bank and filed answer to the show-cause and/or explanation and in that event the same should be considered by the Bank in accordance with law.

(2.) Being dissatisfied, the appellant has come up with the present appeal.

(3.) The appellant filed an application under Article 226 of the Constitution of India thereby challenging a notice dated 17th October, 2008 issued by the Birbhum District Central Co-operative Bank Ltd., Rampurhat Branch, (hereinafter referred to as the Bank) by which the said Bank gave a notice to the appellant by directing it to pay off the amount of Rs.59,58,094/- which was allegedly payable by the appellant to the Bank with a threat that in default of payment, a proceeding under section 128 of the West Bengal Co-operative Societies Act, 1983 would be initiated against him for realisation of the due.