Closure Report Cannot Result In Final Determination Of Dispute: Supreme Court

Chen Khoi Kui V/S Liang Miao Sheng & Ors. [C.A. No.-005849-005850 / 2023]

The Supreme Court ruled that closure reports cannot result in final determination of the dispute between two sets of parties on the adjudication of allegations of filing false and fabricated documents before the Registrar of Societies.

The division bench of Justice Aniruddha Bose And Justice Sudhanshu Dhulia said that the Division Bench of the High Court has explained the position of law on the aspect of power of substantive review and procedural review. The Referee Judge has only applied the same principle to test the order of the Registrar. 

“It has been submitted before us that the person accused in the criminal case (respondent no.14) has been discharged by the ACJM, Sealdah by an order passed on 07.04.2021. But this fact, in our opinion, does not conclude the dispute and in any event closure report cannot result in final determination of the dispute between two sets of parties on the adjudication of allegations of filing false and fabricated documents before the Registrar of Societies. Otherwise, the respondents have defended the judgment which is under appeal before us” the bench observed.  

The main question which arose for adjudication in the appeal was as to whether the Registrar of Society, empowered to grant registration under West Bengal Registration Act 1961, also has the power to cancel such registration.

It has also been argued before the court that the Chinese Tannery Owners’ Association is the owner of the land where the subject school is located. 

On this point, the bench added that in the event the respondents cannot demonstrate their right to run the school on the land owned by the said Association without their permission, that factor may also be taken into consideration by the Registrar and that could also be a ground for cancellation of registration. But any decision on that count shall be subject to final adjudication by the civil court if an action on that count is pending before the civil court.

In the above said terms the appeal stood disposed of.