SADANANDA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AN award was passed by the learned Arbitrator in dispute Case no. 4-BK of 2004-05. Such dispute was raised by the Bankura District Central co-operative Bank Limited, when it approached with a prayer for recovery of loan. The present petitioners were defendants in the said dispute case.

(2.) BEING aggrieved by such award dated 25. 8. 2004, the petitioners, as appellants, approached the learned Tribunal. This gave rise to Appeal no. 32 pf 2006. It was claimed before the learned Tribunal that prayer for adjournment was made in connection with the dispute case. It was not allowed though copy of the plaint was not even served upon the present petitioners.

(3.) GRIEVANCE was ventilated for the reason that the learned Arbitrator, despite having knowledge about pendency of a writ application being no. 12425 (W) of 2004, chose to proceed further without even giving an opportunity to file written statement. The said case was disposed of within a period of one month and a half from the date of reference. The present petitioners took a loan of Rs. 72,71,926/- from the Bankura District Central co-operative Bank Limited (hereinafter referred to as "the Bank") when they started a business of Mineral Water under the name and style of Susunia spring Water Private Limited. Since such loan amount could not be paid back in due time, the Bank was compelled to initiate that dispute case. The said case having been disposed of exparte, the petitioners, as appellants, approached the learned Tribunal. They alleged that the petitioners' company took lease of the infrastructure of another company under the name and style of Benfed. Though there were other persons as members of the Board of Directors, the dispute case was filed without bringing them into the picture and this was precisely done in order to save them.