Allowed

Begumpet Village Co-operative Housing Society Ltd., v. The Dy Registrar/Divisional Cooperative Officer/Arbitrator

Telangana HC10 Sept 2014CRP/2460/2014

Case brief

AI extract

What is this about?

This is a revision petition against a Co-operative Tribunal order dismissing an application to condone delay in filing an appeal concerning a plot allotment award. The High Court allowed the revision and set aside the impugned order.

What did the court decide?

The C.R.P. allowed; the order under revision set aside; I.A. No.102 of 2013 stood allowed; no order as to costs.

Begumpet Village Co-operative Housing Society Ltd… — Cooperative Societies | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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C.R.P.No.2460 of 2014

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ORDER:

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This revision is filed against the order, dated 16.06.2014, passed by the A.P. Co-operative Tribunal, Hyderabad, in I.A.No.102 of 2013 in C.T.A.(SR) No.346 of 2013.

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The 2^nd respondent herein filed A.R.C.No.37 of 2010 before the 1^st respondent under Section 62(4) of the A.P. Co-operative Societies Act, 1964 (for short ‘the Act’), in relation to allotment of a plot. The award was passed in A.R.C., on 27.06.2011. Thereafter, the 2^nd respondent filed E.P.No.6 of 2013 before the I Junior Civil Judge, City Civil Court, Secunderabad, for enforcement of the award. At that stage, the petitioner filed the appeal under Section 76 of the Act, before the Tribunal. Since there was delay of 590 days in filing the appeal, it filed I.A.No.102 of 2013. The principal ground urged was that the society was under the management of the Person-in-charge, when the proceedings were pending before the 1^st respondent and the Managing Committee was elected only on 20.04.2012, and soon after the E.P. was filed by the

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2^nd respondent, the appeal was presented. Reference was made to several proceedings in relation to the society, and various facts pleaded in the affidavit were disputed. The Tribunal dismissed the I.A., through the order under revision.

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Heard Sri P.Bhanu Prakash, learned counsel for the petitioner, and Sri T.Surya Satish, learned counsel for the respondents. The delay, no doubt, is enormous and it needs valid explanation for condonation thereof. It is a matter of record that the Managing Committee was elected for the society only on 20.04.2012. The administration of the societies by the Persons-in-charge, is far from

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satisfactory, and in many cases, such a step proved to be counter productive. Arbitration initiated by a member of the society, needs proper attention on the part of the society and the connected record is required to be placed before the Arbitrator. The petitioner pleaded that the then Person-in-charge did not pursue the proceedings properly.

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It may be true that the issue pertaining to the allotment of plot to the 2^nd respondent was pending for the last several decades. All the same, the society deserves to be given an opportunity to put forward its case based upon the record.

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Therefore, the C.R.P. is allowed and the order under revision is set aside. I.A.No.102 of 2013 shall stand allowed. Since the issue was pending for a long time, the Tribunal shall consider the feasibility of disposing of the appeal at the earliest, as the parties are already represented before it. There shall be no order as to costs.

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The miscellaneous petitions filed in this C.R.P. shall also stand disposed of.

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____________________ L.NARASIMHA REDDY, J.

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Dated:10.09.2014

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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C.R.P.No.2460 of 2014

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Date:10.09.2014

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Begumpet Village Co-operative Housing Society Ltd., v. The Dy Registrar/Divisional Cooperative Officer/Arbitrator

Case brief

What is this about?

What did the court decide?

Begumpet Village Co-operative Housing Society Ltd., v. The Dy Registrar/Divisional Cooperative Officer/Arbitrator

Case brief

What is this about?

What did the court decide?

What the court decided

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