Allowed

Navapura Urban Co-Operative Credit and Consumers Society Ltd. v. Hiralal Ishwarlal Rana

Gujarat HC19 Jul 2022SCA/19678/2018

Case brief

AI extract

What is this about?

In this special civil application, the High Court of Gujarat at Ahmedabad set aside an order by the Gujarat State Cooperative Tribunal that rejected an application for condonation of delay in filing an appeal. The Court held that the delay was justified as the petitioner lacked knowledge of the order until after the limitation expired and listed the appeal for hearing.

What did the court decide?

The impugned order dated 13.10.2017 is quashed; the delay of 13 days is condoned; the Appeal is listed for hearing.

Navapura Urban Co-Operative Credit and Consumers… — Service and Employment | Gujarat HC (2022)

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C/SCA/19678/2018 ORDER DATED: 19/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 19678 of 2018

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NAVAPURA URBAN CO-OPERATIVE CREDIT AND CONSUMERS SOCIETY LTD

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Versus HIRALAL ISHWARLAL RANA

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Appearance:

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MR MASOOM K SHAH(6516) for the Petitioner(s) No. 1 MS MOHINI K SHAH(775) for the Petitioner(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4 UNSERVED REFUSED (N) for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 19/07/2022

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ORAL ORDER

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1. Heard Mr. Masoom K. Shah, the learned advocate for the writ-applicant.

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2. The writ-applicant herein is aggrieved by the impugned order dated 13.10.2017 passed by the Gujarat State Cooperative Tribunal, Ahmedabad in Miscellaneous Application (Delay Condonation) no. 02 of 2017. The said reliefs are stated thus:-

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“A.Be pleased to quash and
set aside the impugned order
dated 13.10.17 passed by the Ld.
Gujarat State Co-operative
Tribunal,Ahmedabadin
Miscellaneous Application (Delay
Condonation) no. 02 of 2017.

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Page 1 of 4

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C/SCA/19678/2018 ORDER DATED: 19/07/2022

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B.Pendingadmission,
hearing and final disposal of
this Petition be pleased to stay
the impugned order dated
13.10.2017 passed by the Ld.
Gujarat State Co-operative
Tribunal,Ahmedabadin
Miscellaneous Application (Delay
Condonation) no. 02 of 2017.

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C.An ex-parte ad-interim
relief in terms of prayer 9(B)
above may kindly be granted

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D.Costs of this Petition
are awarded.

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E.... ... ...”

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3. The Tribunal, by order dated 13.10.2017, rejected the application seeking condonation of delay in filing an Appeal under Section 102 of the Gujarat Cooperative Societies Act, 1961. It appears that the Tribunal rejected the aforesaid application on the ground that though the certified copy was available to the writ-applicant on 16.11.2016, the Appeal came to be filed on 10.01.2017 and therefore, there was no reason to condone the delay in filing the Appeal.

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4. Mr. Masoom K. Shah, the learned advocate for the writ-applicant has submitted that as the order dated 29.10.2016 was passed

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Page 2 of 4

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C/SCA/19678/2018 ORDER DATED: 19/07/2022

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by the learned Board of Nominees in
Summary Lavad Case no.145 of 2011, no
date for pronouncement of the said order
was fixed. Mr. Shah has submitted that
after the cross-examination of the
petitioner was conducted, no further
stage was kept and only dates were given
and that the date, when the order was to
be passed in the said Suit, was never
conveyed to the petitioner by the learned
Board of Nominees and on 29.10.2016, the
final order was passed in the matter. Mr.
Shah further submitted that the advocate
for the petitioner came to know about the
order upon inquiry in the Court of the
learned Board of Nominees on 09.11.2016
and the application for certified copy
was given on 16.11.2016 and that the
limitation to challenge the order dated
29.10.2016 ends after two months i.e. on
28.12.2016. However, as the order came to
the knowledge of the petitioner only on
09.11.2016, time was also consumed to
apply for the certified copy of the same
and therefore, the delay of 13 days
occurred in filing the Appeal. Mr. Shah,
therefore, submitted that considering the
above submissions, the present writ-
application may be allowed.

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Page 3 of 4

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C/SCA/19678/2018 ORDER DATED: 19/07/2022

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5. It appears that though served, no one appears for the respondents.

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6. Having considered the submissions made by Mr. Masoom K. Shah, the learned advocate appearing for the writ-applicant, the same requires consideration. Accordingly, the impugned order dated 13.10.2017 passed by the Gujarat State Cooperative Tribunal, Ahmedabad in Miscellaneous Application (Delay Condonation) no. 02 of 2017 is quashed and set aside. Consequently, the delay of 13 days in filing the application is condoned. The Appeal be listed for hearing before the competent authority.

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7. With the aforesaid, the writ-application stands allowed.

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(VAIBHAVI D. NANAVATI,J)

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Maulik

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Page 4 of 4

Navapura Urban Co-Operative Credit and Consumers Society Ltd. v. Hiralal Ishwarlal Rana

Case brief

What is this about?

What did the court decide?

Navapura Urban Co-Operative Credit and Consumers Society Ltd. v. Hiralal Ishwarlal Rana

Case brief

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What did the court decide?

What the court decided

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