Bombay High Court
Saraswat Co-operative Bank Ltd.
Versus
Union of India
Decided On:

Headnote:MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 1984.

       Section 90 (2)-Appeal, against order of Central Registrar of Co-operative Societies, by petitioner refusing to register Bye-law No.6 (d) of Bye-laws Delay of few days only for filing the appeal-The appellate authority (i.e. Additional Secretary to Government of India Co-operation Department) rejecting appeal and not condoned the delay-Validity of order-Held, refusing to Condone the delay resulted in miscarriage of justice-Impugned order set aside, delay condoned in filing the appeal in question-Appellate authority directed to bear and decide the appeal on its own merits and in accordance with law-AIR 1987 SC 1353 foll-(Co-operative Society-Bye-laws-Refusing to register Appeal against Delay not condoned by appellate authority-Direction Issued to condoned the delay).

       Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties.

       When substantial justice and technical considerations are pilled against each other cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.

       For Citation : 1991 CTJ 333 (Bom)