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K. RAMASWAMY, D. P. WADHWA
Ashis Kumar Hazra – Appellant
Versus
Rubi Park Co-operative Housing Society LTD. – Respondent
ORDER
We have heard learned counsel.
2. Under Section 95(3) of the West Bengal Co-operative Societies Act, 1983 any claim which arises between the society and its members etc. is required to be laid within two months from the date of the notice for arbitration. Notice was given on October 26, 1974 and the suit was filed on the original side of the Civil Court on September 10, 1975. Under sub-section (B) of Section 95, if an application is filed explaining properly the delay, the Court has been given power for condoning the delay. The High Court has held ultimately that the proceedings laid in the original side of the suit is not maintainable. However, since the petitioner was bona fide prosecuting the claims before the Civil Court, under Section 14 of the Limitation Act, the said period may be condoned. On an application having been properly made, since the application came to be filed, the Registrar has dismissed the petition saying that explanation was not properly given and, therefore, he refused to condone the delay. The writ petition was dismissed in Civil Order No. 346/1993 dated August 12, 1996. Thus, this special leave petition.
3. Shri R.C. Verma, learned counsel for the pet
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