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2017 Supreme(Guj) 1808

N.V.ANJARIA
Hansa Govindbhai Patel – Appellant
Versus
Vidhyadham Co-Operative Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shirish Joshi

JUDGMENT :

The present petition is directed against judgment and order dated 10th January, 2014, passed by the Gujarat State Co-operative Tribunal in Revision Application No. 107 of 2013, which confirmed the order dated 28th October, 2013, below Exh. 21 application passed by the Board of Nominees, Vadodara, in Summary Lavad Case No. 306 of 2012.

2. By impugned orders, the prayer of the petitioner herein to condone the delay in filing leave to defend application was refused. The delay of 86 days was not condoned as the Tribunal took the view that time limit prescribed for the purpose in Rule 41-A of the Gujarat Co-operative Societies Rules had expired and that provisions of the Limitation Act, 1963 would not apply and hence the principle of sufficient cause could not administered.

3. Now be noticed the necessary facts in a nutshell. The respondent herein instituted Lavad Suit before the court of Board of Nominees against the petitioner for recovery of money, in which it was the case of the petitioner that the summons issued to him was wrongly shown to have been refused. A decree dated 29th July, 2011 came to be passed by the Board of Nominees. Upon coming to know about the decree, the


































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