Seva Sahkari Samiti Maryadit ... vs Chhattisgarh State Cooperative ...
2022 Latest Caselaw 5381 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                WPS No. 4118 of 2022

Seva Sahkari Samiti Maryadit Salka Reg. No. 609 Vs. Chhattisgarh State Cooperative
                                   Society & others




24.08.2022         Mr. Ramakant Pandey, counsel for the petitioner.

                   Mr. Anshuman Shrivastava, Panel Lawyer for the State.

                   The petitioner in this petition has assailed order dated 28.06.2021

             (Annexure P/1) passed by the Chhattisgarh State Cooperative Tribunal in

             Appeal Case No. Nil/2019 (Seva Sahakari Samiti Maryadit Salka Vs.

             Aniruddha Kashyap), by which the appeal preferred by the petitioner

             society has been dismissed on the count that the same is barred by

             limitation against the order passed by the Registrar dated 09.09.2019.

             The petitioner preferred an appeal on 18.11.2019 whereas as per Section

             78 of the Chhattisgarh Cooperative Societies Act, 1960 (for short "the Act,

             1960), the limitation for filing the appeal is 60 days. The petitioner has

             also filed an application for condonation of delay in filing the appeal, which

             was not considered by the learned Tribunal and the same has been

             rejected.

                   Learned counsel for the petitioner would refer Section 77 of the

             Chhattisgarh Cooperative Societies Rules, 1962 and would submit that

             the registered notice of the order dated 09.09.2019 has not served upon
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       the petitioner, therefore, they could not file the appeal within limitation. He

       would also refer the judgment rendered by Madhya Pradesh High Court in

       Zila Sahkari Kendriya Bank Mydt. Vs. Haridas Agraji decided on

       17.10.2016.

             This issue is required to be considered by this Court.

             The case is admitted for hearing.

             Issue notice to respondent No. 2 by ordinary course as well as by

registered mode within a week.

Process fee be paid within a week.

List this case on 11th October, 2022.

Sd/-

(Narendra Kumar Vyas) Judge

Arun