Judgment:
Samir Kumar Mookherjee, J.
1. The present application is for recalling an order passed by this Division Bench on 21st August, 1996, preferred by the some of the writ petitioners/respondents in the connected appeal. By the order dated 21st August, 1996, this court, inter alia, passed two directions first to the effect that the words 'by the newly elected Managing Committee' would stand deleted; secon directing the then administrator Sri. S. P. Mitra, notwithstanding his retirement would continue till complete compliance by him as administrator with the corrections of the court passed at the earlier stages of the proceedings. It is pertinent to note at this Juncture that the remuneration of the administrator had been fixed with the consent of the parties at Rs. 1,000.00 per month and that the presents applicant were being represented by three learned Advocates at the relevant time.
2. As a ground for recalling of the order it has been urged on behalf of the applicants in the present applications who were some of the respondent in the appeal that no consent was given on their behalf to the part of the order directing continuance of the administrator Sri S.D. Mitra, as above but the consent was intended to apply only to the portion fixing up his remuneration.
3. The second ground on which the order was sought to be recalled was a factual one to the effect that prior to the passing of the order in question by this Division Bench in place and stead of Sri S.P. Mitra, Sri Dipak Kumar Ghosh was appointed an administrator and such fact was not brought to the notice of the Division Bench resulting in the order in question being passed by it. The present application embodies also an allegation that due to collusion between Sri. S. P. Mitra and some of the members of the society and resistance offered by a negligible section of members, the Registrar had to cancel the order appointing Sr Dipak Kumar Ghosh, as administrator subsequent order dated 24th November, 1995, allowing thereby Sri S. P. Mitra, to function as administrator and to take steps for holding of the election of the society. The paragraphs in the application which purported to make out the aforesaid case have been affirmed as true to knowledge of one of the applicant. The instant application was, therefore, made with a prayer for taking note of the said facts and recalling the order in the manner as stated hereinabove.
4. We have heard Mr. Kapoor, in support of the application, Mr. Saktinath Mukherjee, on behalf of the applicants/respondents in the present application, Mr. Milan Bhattacharjee, on behalf of the Statutory Authorities and Mr. K.D. Mukherjee, on behalf of administrator. There cannot be any controversy that a very long time had been spent over litigations between the parties which travelled up to the apex court and the interim orders issued from time to time at different stages have impeded the completion of the works of the administrator. There cannot also be any controversy that the administrator Mr. S.K. Mitra, had been granted absolute exoneration upon enquiry by the Statutory Authorities into allegations levelled against him from time to time by the present applicants. The present application does not legally contain any actionable allegation against the administrator Sri Mitra. In the back drop of such facts even assuming that the alleged consent was restricted in its operation to the part of the order fixing up the remuneration of the administrator and not to the portions proceeding the same, we do not find any justification for recalling the order which we passed on 21st of August, 1996 and procastinate the process of election for a properly constituted Managing Committee in terms of he orders passed by this court at earlier stages and affirmed by the Supreme Court. We are fortified in our view by absence of any reason for failure of the present applicants to bring to our notice the existence of annexure 'A' to the present application or the alleged undesirable activities of collusion and resistance on the part of the continuing administrator Mr. Mitra and a minor section of the members of the Cooperative Society in compelling the Registrar to issue the memorandum which is annexure 'F' to the instant application.
5. In the result the application fails and is dismissed. There will be no order as to costs.
Ashok Chakraborty, J.
6. I agree.