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2002 Supreme(Cal) 675

Amitava Lala
Suchitra Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Anupam Chatterjee, Manali Biswas for the petitioner;
Keshab Bhattacherjee, Banani Mukherjee for the respondents No.1 & 2;
K.D. Mukherjee, Subrato Kr. Basu for the respondents No.3 & 4;
Biswajit Basu, Madhumita Basu, Susenjit Banik for the respondent No.5.

JUDGMENT

Amitava Lala, J.

Under the present writ petition an appellate order of the West Bengal Co-operative Tribunal dated 21st January, 2002 in UIR Appeal No. 17 of 2000 has been challenged. Such appeal was preferred with an application for condonation of delay on the grounds that the appellant/ writ petitioner was bed-ridden for 26 days due to illness and further 13 days in collecting the order of Deputy Registrar, Co-operative Society for the service and preparation of grounds of appeal. The Tribunal was pleased to dismiss the application for condonation of delay. The ground of dismissal is that as per section 136(2) of the West Bengal Co-operative Societies Act, provision of Limitation Act, 1963 shall not apply to an appeal, therefore, application for condonation of delay cannot be held to be sustainable in law. Further, there is a right of appeal to the Registrar against an order of the Deputy Registrar. There is also a provision under section 137 of the Act to review the order of the Registrar himself. The communication in the form of a letter dated 6th March, 2000 does not come within the purview of section 96 of the Act. As a result the said appeal does not lie before the T






















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