GOLE PARK CO Vs. MAHESH CHOWDHURY

JUDGEMENT

(1.) This revisional application is at the instance of defendants and is directed against Order No. 20 dated Sept. 10, 1998 passed by the learned civil Judge, Senior Division, 9th Court, Alipore in Money Suit No. 2 of 1997 thereby rejecting an application filed by the petitioners for rejection of the plaint.

(2.) The opposite party No. 1 brought against the petitioners in the 9th Court of learned Civil Judge, Senior Division, Alipore a suit being Money Suit No. 2 of 1997 thereby praying for recovery of Rs. 1,08,404.17 paise being the amount due and payable from defendant No. 1 with interest thereon for non supply of the price of manufacturing and supplying wooden panel doors, shutters and window shutters etc. supplied to defendant No. 1.

(3.) After entering appearance in the said suit, the defendants filed an application for rejection of the plaint on the ground that the defendant No. 1 being a registered Co-operative Housing Society, in view of the provisions contained in Sec. 95 read with Sec. 134 of the West Bengal Co-operative Society Act, 1983, the said suit was not maintainable. According to the petitioners, the claim of money by the plaintiff against defendant No. 1 was a matter directly involving the affairs of the Cooperative Society and as such the said dispute should be tried by the Registrar of Co-operative Society and a Civil Court has no jurisdiction to decide such dispute.