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1976 Supreme(Guj) 107

D.P.DESAI
JITENDRA NATVERLAL THAKER – Appellant
Versus
HIRABAG CO OPERATIVE HOUSING SOCIETY LIMITED – Respondent


Advocates Appeared: M.C.BAROT, R.N.SHAH, S.K.ZAVERI

D. P. DESAI, J.

( 1 ) * * * *

( 2 ) AS regards the first contention the provisions of sec. 150 (9) of the Act (Gujarat Co-operative Societies Act) confers power on the Tribunal to call for and examine the record of any proceeding in which an appeal lies to it. . . . . . It is not in dispute before this Court that the words in which an appeal lies to it are descriptive of the proceedings whose record the Tribunal is empowered to Court and examine. Now the proceeding which went to the Tribunal in revision in the present case was a proceeding under sec. 97 (3) of the Act. As stated earlier the matter was already referred to the arbitrator and was pending; and in the meanwhile on December 22 1969 the application for condonation of delay was given to the Registrar under sec. 97 (3 ). The question which arose for determination in this proceeding was whether the Registrar was right an admitting the dispute after expiry of the period on limitation because the applicant satisfied him that the applicant had sufficient ground for not referring the dispute within the prescribed period. The enquiry in such a proceeding is limited to the satisfaction of the Registrar on the question whether the ap







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