Affidavit of service filed in Court today be kept on record.

2. A short question that falls for consideration in the facts of the instant case is whether the West Bengal Co-operative Tribunal could have entertained an application under section 5 of the Limitation Act, 1963, and condoned the delay in filing of a statutory appeal by the private respondent no.3 in respect of an award dated 25th July, 2008, passed by an Arbitrator in a proceeding under the provisions of the West Bengal Co-operative Societies Act, 1983.

3. From the records, it appears that against the award of the arbitrator dated 25th July, 2008, a memo of appeal was taken out by the private respondent no.3 and filed before the West Bengal Co-operative Tribunal on 28th August, 2009, which was initially entertained in the records of the Tribunal as an “Unregistered Appeal” and was –curiously enough – assigned a unique number, being “Unregistered Appeal” No.32 of 2009. Consequently, an application under section 5 of the Limitation Act 1963, was taken out by the appellant praying for condonation of delay of 358 days in filing of the appeal under section 136 of the West Bengal Cooperative Societies Act, 1983. The a