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CALCUTTA HIGH COURT
Harish Tandon, J.
Sasanka Sekhar Mitra v. Sital Kumar Banerjee and Others
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| 1. the tribunal is an appellate authority with the duty to consider delay applications. (Para 1 , 2) |
| 2. the petitioner sought remedy due to the tribunal's failure. (Para 4 , 5) |
| 3. sufficient cause for delay must be evaluated against existing statutes. (Para 6 , 7 , 8) |
| 4. s.14 of the limitation act applies for exclusion of certain periods in computing limitation. (Para 9 , 10) |
| 5. tribunal's dismissal of the application was improper; merits should not influence delay decisions. (Para 11 , 12 , 13) |
| 6. final orders allow condonation and mandate expedited handling of appeal. (Para 14 , 15 , 16 , 17 , 18) |
1. It is not in dispute that the West Bengal Cooperative Tribunal is an Appellate Authority against an award passed by the Arbitrator under the West Bengal Co - operative Societies Act. It is also not in dispute that the Act gives power to the Tribunal to condone the delay, if an appeal challenging the award is filed after the expiration of the statutory period.
2. The source of power to condone the delay is eminent in the statutory provision and, therefore, it is a duty of the Tribunal to consider the said application on the basis of the averments made therein.
3. The award i
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