Calcutta High Court (Appellete Side)
Contai Co Operative Bank Ltd. & Anr vs Sk. Saklain Mustak on 5 April, 2022
Author: Biswajit Basu
Bench: Biswajit Basu
19 sandip Ct. 18 05.04.2022
C.O. No. 710 of 2022 Contai Co Operative Bank Ltd. & Anr.
Vs. Sk. Saklain Mustak Mr. Rwitendra Banerjee, Mr. Ritwik Pattanayak ... For the petitioners. In view of the bar to the jurisdiction of the Civil Court under Section 145(2) of the West Bengal Co-operative Societies Act, 2006 to entertain a dispute between the co- operative Society and its member, the suit is prima facie not maintainable, the revisional application challenging an order rejecting an application under Order VII Rule 11 of the Code of Civil Procedure, therefore, requires further consideration upon notice.
The petitioners are directed to serve copy of the application upon the opposite party by Speed Post with Acknowledgement Due intimating that the matter will come up in the List four weeks hence under the heading 'Motion'.
The petitioners are also required to serve notice communicating this order upon the learned advocate representing the opposite party in the Court below. There shall be stay of all further proceedings of Other Suit No. 48 of 2021 pending before the 2 nd Court of learned Civil Judge, (Junior Division), at Paschim Medinipur, District - Paschim Medinipur till eight weeks from date or until further orders, whichever is earlier. The petitioners to file affidavit-of-service on the next date of hearing.
(Biswajit Basu, J.) 2