State Of Chhattisgarh vs Aadi Shakti Kosa Bunker Sahakari Samiti Maryadit

The authority under Chhattisgarh Co-operative Societies Act, 1960 passed an order for winding up the first respondent, a Co-operative Society.

That order has been stayed by the learned Single Judge at the stage of admission. This is under challenge at the instance of the State and the statutory

officers under the aforesaid Act.

There is a delay of 211 days in instituting this appeal against the interlocutory order. In our view it is inordinate delay and it is not explained to the

satisfaction of this Court. The only statement is that the department was considering the interlocutory order passed by the learned single Judge and

time was taken to ultimately decide that it should be appealed against. The time frame for instituting an appeal is definite. Where it is an appeal against

interlocutory order, that too issued in writ jurisdiction, a writ appeal would not normally be entertained by the intra court appellate jurisdiction unless the

interlocutory order handed down by the Single Judge works injustice and there is no other way but to intervene. But, the delay of 211 days itself in this

case demonstrates that the matter had been left as it after the Single Judge had issued the interlocutory order. Being dissatisfied with the explanation

extended for the delay in instituting the writ appeal the application for condonation of delay is dismissed.

It would be open to the official respondents to place their objections to the writ petition before the learned Single Judge without agitating the matter

in appeal.

Without expressing any further on the merits of the rival contentions, this writ appeal is dismissed as a consequence of dismissal of the delay

petition.