Karloti Gram Sewa Co-Operative Society Ltd. Paplah vs Rita Devi And Others

Ajay Mohan Goel, J

By way of this petition filed under Article 227 of the Constitution of India, the petitioner assails order dated 23.10.2019, passed by the Additional

Registrar (Mon.), Co-operative Societies, Himachal Pradesh, in the matter of Smt. Reeta Devi and another vs. The Karloti Gram Sewa Co-operative

Society Ltd. Paplah and another, vide which, an appeal preferred by the private respondents herein against the order passed by learned Arbitrator has

been allowed by the said authority, purportedly even without deciding the application, which was filed for CONDONATION of delay in filing the

appeal.

In my considered view, this petition filed under Article 227 of the Constitution of India is premature because there is a statutory remedy still

available with the petitioner against the order passed by the Appellate Authority under Section 94 of the Himachal Pradesh Co-operative Societies

Act, 1968.

That being the case, this petition is dismissed being premature, with liberty to the petitioner to approach the statutory authority in accordance with

law.

Mr. Rajiv Rai, learned Counsel for the petitioner submits that the statutory remedy might have become barred by limitation as of now. It is observed

that in case the petitioner approaches the statutory authority within a period of three weeks from today alongwith an application for

CONDONATION of delay, then an endeavour shall be made by the authority to decide the matter on merit.

The petition stands disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly.