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PARTH PRATEEM SAHU
Zila Sahakari Kendriya Bank Maryadit, Bilaspur Through Its Chief Executive Officer Shrikant Chandrakar – Appellant
Versus
Devendra Pandey, S/o. Late Kashi Prasad Pandey – Respondent
ORDER :
1. Challenge in this writ petition is to the order dated 06.09.2022 passed by the Chhattisgarh State Co-operative Tribunal, Bilaspur allowing appeal filed by respondent No.1.
2. Learned counsel for the petitioner submits that respondent No.1 has preferred an appeal before the Chhattisgarh State Co-operative Tribunal challenging the order dated 27.04.2022 passed by the Deputy Registrar, Co-operative Societies, Rajnandgaon. Along with appeal, respondent No.1 has also filed application for condonation of delay in filing appeal as also an application for grant of stay. Appeal was filed on 02.09.2022 and after verifying the documents and other requirements in the appeal, it was registered. Appeal was fixed on 06.09.2022 for considering application (IA No.1) filed under Section 5 of the Limitation Act and application (IA No.2) for grant of stay. When the appeal was taken up for hearing on 06.09.2022, the Cooperative Tribunal instead of deciding application for condonation of delay for which the case was fixed for hearing, has finally decided the appeal itself without issuing notice to respondents therein. He submits that the Court will not get jurisdiction to give its findings on
The acceptability of the explanation for delay is the primary criterion in the condonation of delay, and the length of delay is not decisive. The court should not interfere with the exercise of discr....
The Tribunal must evaluate applications for condonation of delay considering S.14 of the Limitation Act, not merely the timing of the appeal.
Point of Law : It is only after that application is allowed, appeal can be entertained and heard on merits.
Due opportunity must be given to the petitioner to raise objections to the condonation of delay in filing the appeal.
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