Pradyut Mondal vs State Of West Bengal And Others

Rajasekhar Mantha, J

The respondent no. 10, who was the writ petitioner in W. P. No. 22477(W) of 2013, had filed the writ petition before a Co-ordinate Bench of this Court in which by order dated 4th September, 2013 the said respondent no. 10 herein was directed to secure the outstanding dues with a sum of Rs.2,25,500/- in cash and Rs.2,24,000/- by bank guarantee to the satisfaction of the Assistant Registrar of Co-operative Societies seeking for the order dated 25th June, 2013 to be stayed. The said order was not complied with and the writ petition came to be dismissed for default.

The present writ petition has been filed by a local resident whose locus standi is being questioned by the respondents. The petitioner admittedly is not event shareholder of the said Society.

This Court sees that the said respondent no. 10, the Secretary of the Society has obtained orders from this Court and does not comply with the same and has allowed the writ petition to be dismissed for default. The said order of the Co-ordinate Bench dated 4th September, 2013 shall stand revived.

The respondent no. 10 shall secure the outstanding dues of Rs.2,25,500/- in cash and Rs.2,24,000/- by way of bank guarantee within a period of seven days from date. The respondent shall also file affidavits-in-opposition on or before the next date and reply, if any, within the meantime.

It is made clear that in the event the respondent no. 10 does not secure the amount, he shall be included as an accused in the charge sheet already filed and pending against the respondent nos. 11 and 12.

Further cause of action insofar as the Society is concerned will be determined after affidavits are received and/or irrespective of the same on the adjourned date.

A report dated 10.12.2019 has been received from the I. C., Jaynagar Police Station. The same is taken on record. Let a copy of such report be circulated amongst the parties.

Let the matter appear in the list on 9th January, 2020. Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.