Full Judgment
ORDER
1. By this application, the petitioner seeks to quash the notice dated 3rd June, 2011.
2. The case of the petitioner is that he is a member of the Co-operative Society. An Award was passed on 29th January, 1983 whereby Flat 5E was allotted in favour of the petitioner. Diverse proceedings have been initiated from the said Award. Such proceedings have failed. Title Suit No.352 of 1997 was also filed before the 2nd Judge, Senior Division, Alipore and in such Suit an application was filed under Order 7 Rule 11 CPC.
3. Such application was initially not allowed in the Trial Court but in revision the order of the Trial Court was set aside and Title Suit was dismissed. Thereafter, Dispute Case No.29 RCS of 2000 was filed by the Private Respondent. Orders have been passed and these orders have also been challenged in writ-petition. Thereafter an enquiry has been directed by order dated 1st October, 2010 which has been confirmed by order dated 18-11-2010.
4. On 30-5-2011 an Enquiry Officer has been appointed and steps taken in such enquiry. In spite of no definite finding arrived at the said enquiry, a notice has been issued on 3rd June, 2011 for holding a Special General Meeting on 27th June, 2011 for election of the Board of Directors. Such notice could not have been issued in view of the Award passed so also the enquiry pending which will determine whether the name of the petitioner should be included as a member of the society or not.
5. Therefore, without adjudication on the said issue the notice dated 3rd June, 2011 be quashed and as an interim measure be stayed. None appears on behalf of the Co-operative Society in spite of service. Affidavit-of-Service filed be kept on record.
6. This day, Ms. Sulagna Bhattacharya (Bagchi) files Vakalatnama on behalf of Mr. Amiya Kumar Khan and seeks to be added as a party respondent. Having considered the facts of the case, undoubtedly by an Award of 1983 the petitioner has been declared as a member of the Co-operative Society. Such Award was the subject matter of proceedings, each of which has failed. A Dispute Case has been filed by Mr. Amiya Kumar Khan who is at present in possession of Flat 5E.
7. Certain irregularities were detected by the Registrar of Co-operative Societies and an enquiry has been directed into such irregularities. One of the irregularities alleged is non-inclusion of the name of the petitioner in the list of members. Without any final decision being taken in respect thereof, the notice dated 3rd June, 2011 has been issued. In the list of members, once again the name of the petitioner is missing. As from the unchallenged Award it is evident that the petitioner is still today a member of the said Society, non-inclusion of his name is a question which is under enquiry and without such enquiry being completed the said notice could not have been issued, more so as issuance of notice prima facie evidences an intent to nullify the rights of the petitioner.
8. Accordingly, the notice dated 3rd June, 2011 is stayed till 7th July, 2011. This order is passed this day at 11.35 A.M. and there is every possibility that the meeting has already been held. Accordingly, no effect be given to the decision taken at such meeting till 7th July, 2011. Matter to appear in the list on 6th July, 2011.
9. For the sake of convenience and communication, let xerox plain copies of this order, duly counter-signed by the Assistant Registrar (Court) be given to the learned advocates of the appearing parties on usual undertakings.