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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
President, Tamilnadu National Engineering and Commercial Employees Cooperative Housing Building Society – Appellant
Versus
Deputy Registrar, Cooperative Societies (Housing) Chennai Region – Respondent
| Table of Content |
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| 1. identification of parties involved in the cases. (Para 1 , 2 , 3) |
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
When the matters came up for hearing today, the learned counsel appearing on behalf of the petitioners in these Civil Revision Petitions would fairly place on record the order of this Court in C.R.P.Nos.1951 of 2021 , etc., dated 22.04.2024.
2. While considering the similar issue, this Court had passed the following order:-
“7. In such circumstances, the petitioner-society, which failed to raise any dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, is not entitled to challenge the order passed by the Tribunal setting aside the award. Therefore, these Civil Revision Petitions are dismissed, however, with liberty to the petitioner-society to raise a dispute under of the Tamil Nadu Co-operative Societies Act , 1983, if so advised. No costs. Consequently, connected Miscellaneous Petitions are closed.”
3. The facts are identical in the present cases also. In view thereof, these Civil Revision Petitions are disposed of on the same terms. No costs.
The failure to raise a formal dispute under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, bars a society from challenging the Tribunal's decision.
The court has the discretion to allow the revision and set aside an order, considering the circumstances and the need for timely disposal of proceedings.
Failure to appear for enquiries despite notices being issued can preclude a party from raising objections regarding violation of natural justice principles and non-consideration of material documents....
Judicial discretion allows for mandamus to compel action on pending administrative petitions.
Reopening set-aside appeal requires explicit liberty from remanding High Court; absent it, petition not maintainable.
Delay beyond statutory period in filing a revision petition without sufficient justification cannot be condoned.
Mandamus directs timely disposal of statutory appeal under Cooperative Societies Act after hearing parties.
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