Kausalya Premchandbhai Ramani and Others vs Kamala Cooperative Housing Society Limited

M.R. Shah, J.

1 The present Special Civil Application under Article 226 of the Constitution of India has been preferred by the Petitioners-original Defendants challenging the impugned order passed by the learned Gujarat State Cooperative Societies Tribunal dated 08/07/2011 below application to condone the delay in preferring the Revision Application challenging the order passed by the learned Board of Nominees dated 07/05/2009 below Exh. 5 in Lavad Suit No. 641/2008.

2 Being aggrieved and dissatisfied with the order passed by the learned Board of Nominees, Ahmedabad dated 07/05/2009 below Exh. 5 in Lavad Suit No. 641/2008 the Petitioners-original Defendants preferred Revision Application before the Gujarat State Cooperative Societies Tribunal. There was a delay of 45 days in preferring the Revision Application and, therefore, an application being Miscellaneous Application No. 294/2008 was submitted to condone the delay, which has been rejected by the learned tribunal by impugned order. Hence, the Petitioners-original Defendants have preferred the present Special Civil Application under Article 227 of the Constitution of India.

3 Shri S.N. Thakkar, learned advocate has appeared on behalf of the Respondent. He has submitted that as such the conduct on the part of the Petitioners is required to be considered. He has submitted that still he is leaving it to the Court whether to condone the delay or not and he is not pressing for reasoned order. However, he has submitted that the Petitioner may be saddled with cost, which may be paid to the Respondent-Society.

Shri Viral Shah, learned advocate appearing on behalf of the Petitioners has stated at the bar that he has No. objection if the Petitioners are directed to pay reasonable cost and the same is left to the Court.

In view of the above and so as to give on additional opportunity to the Petitioners to submit the case on merits before the revisional authority rather than non-suiting them on the technical ground of delay, it appears to the Court that delay of 45 days in preferring the Revision Application be condoned on imposing reasonable cost, which is quantified at Rs. 5,000/-to be paid by the Petitioners to the Respondent-Society within a period of two weeks from today and on such deposit and producing receipt before the learned tribunal, the learned tribunal to consider the Revision Application in accordance with law and on its own merits.

In view of the above and for the reasons stated hereinabove, the present petition succeeds. The impugned order passed by the learned tribunal dated 08/07/2011 in Miscellaneous Application No. 294/2009 is hereby quashed and set aside and the delay of 45 days in preferring the Revision Application is hereby condoned on condition that the Petitioners shall pay Rs. 5,000/-towards cost for condonation of delay as well as present proceedings to the Respondent-Society within a period of two weeks from today and on such deposit the learned tribunal thereafter to decided and dispose of the Revision Application in accordance with law and on its own merits and after giving an opportunity to all the concerned. If the aforesaid cost is not paid to the Respondent-Society within a period of two weeks it is to be understood that the delay is not condoned. Rule is made absolute.