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HEMANT M. PRACHCHHAK
Bhojalram Daimonds Proprietor Maheshbhai Jivrajbhai Pansuriya – Appellant
Versus
Savarkundla Nagrik Sahakari Bank Limited – Respondent
JUDGMENT :
1. The present petition is filed by the petitioners under Article 227 of the Constitution of India challenging the Order dated 21.09.2022 passed by the Gujarat State Cooperative Tribunal, Ahmedabad in Misc. Application No.80 of 2021, whereby the learned Tribunal has dismissed the application for condonation of delay preferred by the petitioner in appeal against the judgment and order dated 30.01.2018 passed in Lavad Case No.11 of 2017.
2. The facts of the present case in nutshell are as under:-
2.1 It is the case of the petitioners that the respondent no.1 bank had filed the Lavad Case No.11 of 2017 before the Board of Nominees, Bhavnagar, which was proceeded ex-parte, in which, the petitioners were not informed and the judgment was pronounced on 30.01.2018. Being aggrieved by the order of Board of Nominee, the petitioners preferred appeal with application for condonation of delay.
2.2 It is further say of the petitioners that they are staying at Savarkundla and the summary proceedings were conducted in the Board of Nominee at Bhavnagar being Lavad Case No.11 of 2017. It is further stated the summons were never served to the petitioners and the respondent no.1 – bank pro
The delay in proceedings cannot be dismissed when there are prima facie merits, and leniency should be applied in construing delays.
The court established that excessive delay in seeking leave to defend in co-operative society disputes cannot be condoned without sufficient justification.
Point of law: Tribunal, after taking into consideration the fact that the petitioner along with respondent Nos. 3 and 4 have failed to deposit 25% of the amount to contest the Lavad Suit as condition....
The court emphasized the need for substantial justice, the wide discretionary powers under Article 227 of the Constitution of India, and the balance of convenience between the parties.
The High Court under Article 227 reviews lower tribunal orders focusing on merits and procedural propriety, ensuring sufficient grounds are presented for delay condonation in revisions.
Point of law: While considering the application for condonation of delay no straight jacket formula is prescribed to come to the conclusion if sufficient and good grounds have been made out or not. E....
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