Calcutta High Court (Appellete Side)
The Indian Golf Union & Ors vs West Bengal Golf Society & Ors on 28 August, 2019
Author: Soumen Sen
Bench: Soumen Sen
1
28.08.2019
S/L No.40
Court No.37
(gc)
FMA 617 of 2019
With
CAN 3847 of 2019
With
CAN 4948 of 2019
The Indian Golf Union & Ors.
Vs.
West Bengal Golf Society & Ors.
Mr. S.N. Mookherjee, Sr. Adv.,
Mr. Mainak Bose,
Mr. Rishbh Karnani,
Mr. Anurag Bagaria,
...for the Appellants.
Mr. Ranjan Bachawat, Sr. Adv.,
Mr. Debnath Ghosh,
Mr. Sushovit Dutt Majumder,
Mr. Sarosij Dasgupta,
Mr. Souvik Ganguly,
...for the Respondents.
In the midst of the hearing of the appeal, the parties have referred to the communications made and received from the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal in relation to the complaint made by the West Bengal Golf Society with regard to certain alleged irregularities of the appellant No.1. It appears from the records that on 15th June, 2018, the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal has called upon the Secretary, Indian Golf Union, State of West Bengal to furnish its reply directly to 2 the complainant with a copy to the office in context of the complaint within 15 days of receiving the said letter. This was followed by two several complaints in respect whereof similar show cause notices were issued by the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal. The last of such show cause notices was issued on 10th of September, 2018 which appears to have been taken into consideration by the learned Single Judge in granting an order of injunction in favour of the respondents.
The learned Counsel for the appellant No.1 has submitted that replies have been given to the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal and it appears that the objections of the respondent No.1 are pending with the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal. In order to appreciate the impugned order, we feel it necessary to call for information from the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal as to the status of the amended Byelaws and Regulations, 2018 of the appellant No.1.
In view of the submissions made on behalf of the parties, we direct the Registrar to inform us whether the said alterations of the Rules and Regulations, 2018 have been accepted by the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal and thereafter have been taken on record. It is also 3 important for us to know as to whether the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal consequent upon the show cause notices being issued by him have finally decided the complaints.
Under such circumstances, we direct the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal having its office at WBIIDC Building, 2nd Floor, Block - DJ. Plot No.10, Salt Lake City, Sector - II, Bidhannagar, Kolkata- 700 091 to appear and produce before us the relevant record and the status of the amended rules and regulations along with the report as to the complaints filed by the respondents.
The leaned Registrar General is requested to communicate this order to the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal in course of this week with an intimation to appear and produce the relevant record as directed above on 5th September, 2019 at 10.30 A.M. The matter shall appear on 5th September, 2019 at 10.30 A.M. (Soumen Sen, J.) (Ravi Krishan Kapur, J.)