H.N.SEN, SALIL KUMAR DATTA
NIRMAL KUMAR BANERJEE – Appellant
Versus
PANIHATI CO-OPERATIVE BANK LTD. – Respondent
( 1 ) THIS Rule is directed against order dated 20-7- 1972 passed by the Assistant Registrar of Co-operative Societies, 24-Parganas (North) as the Co-operative Tribunal rejecting the petitioner's appeal on the ground of limitation. It appears that there were certain disputes between the petitioner and others and the co-operative bank and an award was passed by a Board of Arbitrators in dispute case No. 342 of 1969-70 in respect of the said dispute. The award was made on 11-12-1971 and was communicated to the petitioner on 21-12-1971. The appeal petition against the award was filed on 16-2-1972. The appellate authority, the Co-operative Tribunal, was of the opinion that under Section 134 of the Bengal Co-operative Societies Act, 1940 read with the Fourth Schedule thereof an appeal was to be filed within a month from the date of communication of the award to the person aggrieved. As this appeal was filed out of time beyond one month from date of communication, it was barred by limitation and was summarily rejected. This Rule is against this order. After the dismissal of the appeal, the petitioner filed a review petition against the order to the Government of We
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REFERRED TO : K.Venkateswara Rao v. Bekkam Narasimha Reddy
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