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AVANINDRA KUMAR SINGH
Managing Director (The), Jila Vanopaj Sangh Sahakari Mydt. Betul – Appellant
Versus
Dilip Gunde – Respondent
ORDER
1. Though this matter is listed today for orders on admission, however, with the consent of learned counsel for the parties it is heard finally.
2. This petition under Article 227 of the Constitution has been filed by the petitioner against order dated 29.1.2018 (Annexure-P/1) passed by M.P.State Cooperative Tribunal, Bhopal (hereinafter referred to as the "Tribunal") in Second Appeal No.07/2017 whereby the appeal preferred against the order of Joint Registrar, Cooperative Societies, Naramadapuram has been rejected.
3. Facts, in brief, are that respondent while on deputation with the petitioner withdrawn Rs.15,88,206/- without following procedure. Therefore, petitioner after retirement of respondent asked for amount of interest from the respondent as he illegally utilized public money. The respondent raised a dispute before Deputry Registrar, Cooperative Societies, Betul. which was decided against the respondent vide order dated 14.7.2016. Thereafter, the respondent filed appeal being Case No.242/2016 before the Joint Registrar, Cooperative Societies. Hoshangabad, which was allowed and vide order dated 23.11.2016 (Annexure-P/2) and order of Deputy Registrar was set aside. Being
The court ruled that a delay of 3 ½ years in filing a writ petition was unjustified, emphasizing the need for timely action in legal proceedings.
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 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 delay in proceedings cannot be dismissed when there are prima facie merits, and leniency should be applied in construing delays.
The court upheld the condonation of delay in filing an appeal, emphasizing a liberal approach in light of the COVID-19 pandemic and prior court directions.
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.
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