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SANJAY S. AGRAWAL
Samata Griha Nirmaan Sahakari Samiti Maryadit – Appellant
Versus
Gopichand Jaisinghani (died) Through Lrs – Respondent
ORDER :
1. By virtue of this petition, the petitioner is questioning the legality and propriety of the order dated 04.06.2013 passed by the Hon’ble Minister In-Charge of Co-Operative Department, State of Chhattisgarh at Raipur in Revision Case No.78/03/2012, whereby, the order passed by the Additional Registrar on 17.08.2011 condoning the delay in filing the appeal preferred by the petitioner against the order of Joint Registrar, Co-Operative Societies dated 26.07.2004, has been set-aside.
2. From perusal of the record, it appears that one Gopichand Jaisinghani (since deceased, now represented by his legal representatives) initiated a proceeding as required under Section 64 of the Co-Operative Societies Act, 1960 (hereinafter referred to as ‘the Act, 1960’) before the Deputy Registrar, Co-Operative Societies, Raipur, by submitting, inter alia, that the land of his mother, who became the member of the petitioner-Society, admeasuring 7912 sq.ft. was acquired on condition that the land will be allotted for land. It was alleged in the claim that 4 plots were promised to be given, but only 2 plots of 1000 sq.ft. each have been allotted so far and, with this plea, a claim was made before t
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 main legal point established in the judgment is the need for a liberal approach in condoning delay to provide substantial justice to the parties, as emphasized by the principles laid down by the ....
The court emphasized that extraordinary delays in appeal require strict scrutiny, asserting that sufficient cause must be demonstrated to justify condonation, balancing justice with the rights accrue....
The court established that revisional authority cannot interfere with interlocutory orders lacking sufficient reasoning, emphasizing the need for a reasoned decision.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The concept of 'sufficient cause' for condoning delay under Section 5 of the Limitation Act should receive a liberal construction to advance substantial justice, and the length of delay is not a deci....
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