BANANI NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioners challenged the order passed by Registrar, Cooperative Societies, West Bengal on 11th October, 2001. This order is outcome of a direction given by a single Judge of this Court on 17th July, 2001 to that extent by disposing of the writ petition being numbered W.P. No. 9911(W) of 2001.

(2.) In giving such direction to the Registrar the Court was made it clear that such Registrar should not discharge the function of the Arbitrator. It is significant to note hereunder that a claim before an Assistant Registrar appointed as Arbitrator was pending. Under order impugned the Registrar opined that the original application by the concerned parties under section 95 of the West Bengal Cooperative Societies Act, 1983 is maintainable. The parties are at liberty to raise all the points of law and facts before the Arbitrator excepting the point of maintainability.

(3.) The petitioners become aggrieved by such last part of the order of the Registrar i.e. excepting the point of maintainability. The petitioners contended that the claim before the Assistant Registrar appointed as Arbitrator hereunder is clearly barred by law of limitation.