VIJAY SPORTS CLUB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners have sought a direction upon the second respondent to carry out dissolution of the society registered with number S0000319 of 2018-2019 on June 18, 2018 under the West Bengal Societies Registration Act, 1961 and quash/set aside the certificate of registration of such society.

(2.) Learned Senior Advocate appearing for the petitioners has submitted that, the first petitioner was formed on September 21, 1952 by Late Aravamudhan Iyengar. The first petitioner was affiliated with the Cricket Association of Bengal, Bengal Table Tennis Association and Bengal Hockey Federation. The second petitioner created a trust under the Indian Trust Act, 1882 by a declaration of trust dated May 22, 2018 in respect of the first petitioner. Such declaration of trust was registered with the Registrar of Assurances on May 25, 2018. The second respondent allowed a society under the same name and style as that of the first petitioner to be registered under the provisions of the West Bengal Societies Registration Act, 1961. He has referred to section 10 of the Act of 1961 and submitted that, a society with an identical name as that of the first petitioner cannot be registered. The petitioners lodged a complaint with regard thereto with the second respondent on August 6, 2018. The second respondent has not taken any steps as required under sections 10, 11 and 25 of the Act of 1961 till date. Therefore, the second respondent should be directed to consider the objections raised by the petitioners with regard to the registration of the society and take appropriate measures with regard thereto. Learned Senior Advocate appearing for the petitioners has relied upon (Board of Trustees, Ayurvedic and Unani Tibia College v. State of Delhi & Anr., 1962 Supp1 SCR.156) in support of his contentions that, a trust is a separate legal entity and should be treated as a body corporate established by a law within the meaning of Section 10 of the Act of 1961. Therefore, the society could not have been registered.

(3.) Learned Senior Advocate appearing for the third respondent has submitted that, the first petitioner cannot be considered to be a body corporate within the meaning of section 10 and 11 of the Act of 1961 for the second respondent to act on the so-called complaint of the petitioners. He has submitted that, a private trust created by a deed of trust even if registered with the Registrar of Assurances, is not a legal entity or a body corporate within the meaning of the Act of 1961. He has relied upon (Duli Chand v. M/s. Mahabir Pershad Trilok Chand Charitable Trust, Delhi, 1984 AIR(Del) 145) and (Commissioner of Income Tax (TDS) Kanupr & Anr. v. Canara Bank, 2018 9 SCC 322) in support of his contentions. He has submitted that, in any event, the application for registration under the Act of 1961 was made on May 9, 2018 and that, the second petitioner after becoming aware of the process for registration under the Act of 1961 created the so-called trust. According to him, the trust created by the second petitioner is of no consequence as so far as the Act of 1961 is concerned, in relation to the club concerned. He has pointed out that, there are number of proceedings pending with regard to the affairs of the club before the appropriate forum. He has sought for dismissal of the writ petition.