Alipriya Cooperative Housing ... vs The State Of West Bengal & Ors
2021 Latest Caselaw 5817 Cal

   D/L
Item No. 8
24.11.2021
  KOLE
                                FMA 936 of 2020
                                    WITH
                                 CAN 1 of 2021

             Alipriya Cooperative Housing Society Ltd. & Ors.
                                  -Vs.-
                     The State of West Bengal & Ors.


             Mr. S. Kr. Basu,
             Mrs. M. Das
                                                         .... For the appellants.
             Mr. P. Kr. Roy, Ld. Standing Counel,
             Mr. S. Sarkar,
             Mr. J. Roy,
                                                                ... for the State.

             Mr. P. C. Bhattacharjee,
                                                    ... for the respondent no. 5.

This is an appeal against the judgment and order

dated November 28, 2019 passed by the learned Single

Judge whereby WP No. 21627 (W) of 2019 was disposed of.

The brief facts of the case are that the writ petitioner

was a founder member of a Housing Society. He applied for

a flat. His membership of the Society was suddenly

cancelled and he has told that he will not be allotted the flat.

Being aggrieved, he caused arbitration to be initiated before

the Registrar of Cooperative Societies, West Bengal. The

arbitrator published an award dated August 7, 2018,

whereby the cancellation of membership of the writ

petitioner was set aside and it was directed that the writ

petitioner be allotted the flat against payment of stipulated

consideration. The award was challenged before the West

Bengal Cooperative Tribunal. The Tribunal upheld the

artibral award.

Thereafter, the writ petitioner tendered the sum of Rs.

22 lakhs to the Society. The Society refused to accept such

money. Being aggrieved, the writ petitioner approached the

learned Single Judge. The learned Single Judge allowed the

writ application after recording the entire history of the case

and observed that there is absolutely no ground for

interfering with the arbitral award or the Tribunal's order.

The Housing Society has filed the present appeal.

We have heard learned Counsel for the parties. We

are in complete agreement with the learned Single Judge.

We have seen the arbitral award as well as the Tribunal's

order. Both are supported by cogent reasons. We are unable

to appreciate why the Housing Society shall not accept the

price of the flat and allot the flat to the writ petitioner.

The Society says that it has filed a review application

against the order of the Tribunal. The Learned Single Judge

has made it clear that the Tribunal will consider such review

petition without being influenced by any observation in the

order impugned herein. The review application may take its

own course in accordance with law. However, the Housing

Society cannot take the excuse of the pendency of the review

petition for an indefinite period of time in denying allotment

of flat to the writ petitioner. We clarify that the review

application shall be considered by the Tribunal untroubled

by any observation made in this order.

We find no merit in the appeal. The appeal and the

connected application are dismissed accordingly.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Arijit Banerjee, J.)

( Kausik Chanda, J.)