Nirmal Kumar Banerjee v. Panihati Co-operative Bank Ltd. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(Online)(Cal) 2

CALCUTTA HIGH COURT
H. N. SEN, J
Nirmal Kumar Banerjee v. Panihati Co-operative Bank Ltd. and Others

Advocates:
For the Appellant: Mr. Sinha
For the Respondent: Mr. Mitter

Table of Content
1. application of limitation act provisions. (Para 1 , 11)
2. contention for seeking time exclusion. (Para 2 , 9)
3. tribunal's jurisdiction regarding limitation act. (Para 3 , 8)
4. final decision on the appeal's validity. (Para 10 , 12)

1. This Rule is directed against order dated 20-7-1972 passed by the Assistant Registrar of Co - operative Societies, 24 - Parganas (North) as the Co - operative Tribunal rejecting the petitioner's appeal on the ground of limitation. It appears that there were certain disputes between the petitioner and others and the co - operative bank and an award was passed by a Board of Arbitrators in dispute case No. 342 of 1969-70 in respect of the said dispute. The award was made on 11-12-1971 and was communicated to the petitioner on 21-12-1971. The appeal petition against the award was filed on 16-2-1972. The appellate authority, the Co - operative Tribunal, was of the opinion that under S. 134 of the Bengal Co - operative Societies Act, 1940 read with the Fourth schedule thereof an appeal was to be filed within a month from the date of communication of the award to the person aggrieved. As this appeal was filed out of time beyond one month f