5 24.06.2025 sb Ct 5 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11043 of 2025 Smt. Madhabi Sarkar & Ors. Versus The State of West Bengal & Ors. Ms. Micky Chowdhury … For the petitioners. Mr. Pradeep Kumar Roy, Sr. Advocate Mr. Joydeep Roy … For the respondent no.1. Mr. Srijan Nayak Mr. Ankit Sureka Mr. Biplab Das … For the respondent nos. 2 to 6. Mr. Kamal Krishna Pathak Mr. Suvik Maji …. For the respondent nos. 7 and 8. 1. Although, the writ petition was filed with a principal prayer to remove the respondent no.3 and appoint a fit and proper person as administrator of Anantadeb Cooperative Housing Society Ltd, Ms. Chowdhury, learned advocate representing the petitioners on 17th June, 2025 had expressed that the immediate concern of the petitioner was the failure on the part of the respondent no.3 to provide inspection of the documents of the said society and the failure of the respondent no.3 to take steps to defend the arbitral proceedings. 2. On the basis of the concern expressed by the 2 petitioners and upon hearing the learned advocates appearing for the respective parties this Court by an order dated 17th June, 2025 had directed the respondent no.3 to file a comprehensive report in the form of an affidavit as regards the steps taken by him to defend the arbitral proceedings. 3. Pursuant to the aforesaid direction, the respondent no.3 has filed a report in the form of an affidavit affirmed by him on 23rd June, 2025. 4. From the above, it is apparent and clear that he has failed to take any steps to defend the arbitral proceedings. He has, however, claimed in his affidavit that a total number of 15 documents as detailed in page 14 of such affidavit have been made over to him by the erstwhile administrator. 5. Respondent no.3 is immediately directed to provide inspection of the aforesaid documents to the petitioners and shall make over certified copy of such documents to the petitioners upon payment of requisite charges within three days from the date of communication of this order. He is also directed to take immediate steps to defend the arbitral proceedings. Cost of defending arbitral proceedings shall be borne by the members and in this regard he may require the members to create a fund. 3 6. Insofar as prayer (a) of the petition is concerned, I am of the view that the West Bengal Cooperative Societies Act, 2006 provides for adequate safeguards, inter alia, including the provision for removal of an administrator. This Court is not inclined to enter into such question. The petitioners shall be at liberty to approach the appropriate authority for seeking appropriate relief in terms of prayer (a) of the writ petition. 7. With the above observations and directions, the writ petition is disposed of. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)