SHIKSHIT SWAROJGAR UDYOG CO-OPERATIVE SOCIETY LIMITED, BILASPUR vs M/S BENERJI BRICKS AND COMPANY, Mopaka, Bilaspur

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CGHC010241122023 2026:CGHC:38411
NAFR
Digitally
signed by
RAGHVENDRA
JAT
RAGHVENDRA
JAT
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 3396 of 2023
1 - Shikshit Swarojgar Udyog Co-Operative Society Limited, Bilaspur
Through President-Jyoti Bhushan Gaur, Having Its Registered Office At
Garima Press Bilaspur, District-Bilaspur (C.G.), (A Registered Society,
Registered Under The Co Operative Society Act 1960).
... Petitioner(s)
versus
1 - M/s Benerji Bricks And Company, Mopaka, Bilaspur Through-J.C.
Benerji, Proprietor Mopaka, District- Bilaspur (C.G.)
2 - District Mining Officer Collector-Bilaspur, District- Bilaspur (C.G.)
... Respondent(s)
For Petitioner(s) : Mr. Ashok Kumar Swarnkar, Advocate.
For Respondent(s) No.
: Mr. Anand Dadariya, Dy. A.G.
2/State
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
31/08/2026
1. By way of this petition, the petitioner has prayed for following
reliefs:-
“10.1 This Hon'ble Court may kindly be pleased to call for
the entire records pertaining to the case of the petitioner
for its kind perusal.
10.2 This Hon'ble Court may kindly be pleased to issue a

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writ/direction by setting aside the order dated 30.6.23
ANNEXURE P/3 and further direct to restore the case by
opportunity been given the petitioner to submit an
application for condoning the delay before in the Sate of
Chhattisgarh Co Operative Tribunal, Bilaspur, in the
interest of Justice.
10.3 Any other relief or relief(s) which this Hon'ble Court
may think proper in view of the facts and circumstances of
the case may also kindly be granted.”
2. Learned counsel for the petitioner submits that the petitioner-
Society is a duly registered society under the provisions of the
Chhattisgarh/Madhya Pradesh Cooperative Societies Act, 1960,
and is engaged in undertaking contractual works through its
members. It is submitted that respondent No.1 had purchased
tools from the petitioner-Society for a sum of Rs.43,950/- on
29.12.2010, out of which Rs.10,000/- was paid and the balance
amount of Rs.33,950/- remained outstanding despite repeated
demands. Consequently, the petitioner initiated proceedings under
Section 64 of the Cooperative Societies Act, which were rejected
by the Deputy Registrar and thereafter by the Joint Registrar vide
orders dated 18.08.2015 and 19.07.2022 respectively. Being
aggrieved, the petitioner preferred an appeal before the
Cooperative Societies Tribunal, which came to be dismissed vide
order dated 30.06.2023 on the ground of delay of 21 days, without
affording an opportunity to the petitioner to file an application for

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condonation of delay under Section 5 of the Limitation Act.
Learned counsel submits that the petitioner had received the
order dated 19.07.2022 by post on 08.08.2022 and was ready to
explain the delay, therefore, the impugned order deserves to be
set aside and the petitioner may be permitted to file an application
for condonation of delay, whereafter the appeal may be decided
on its merits in accordance with law.
3. On the other hand, learned counsel appearing for respondent No.
2/State opposes the prayer made by the petitioner and submits
that the impugned order has been passed by the learned Tribunal
in accordance with law and, therefore, no interference by this
Court is warranted in exercise of its writ jurisdiction. It is further
submitted that the petitioner, having failed to file an application for
condonation of the delay along with the appeal, cannot claim any
right to seek an opportunity to cure the said defect at this stage.
Accordingly, learned counsel for respondent No. 2/State prays for
dismissal of the present writ petition.
4. I have heard learned counsel for the parties and having perused
the material available on record.
5. Considering the facts and circumstances of the case and further
considering the fact that the matter was presented by the
petitioner/ Shikshit Swaraojgar Udyog Co-operative Society
Limited, Bilaspur and one of the members of the said society had
appeared before the Tribunal. Though the prescribed period of
limitation for filing the appeal was 60 days, the appeal was

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admittedly presented with a delay of only 21 days. In the facts and
circumstances of the present case the concerned Tribunal should
have taken a liberal view particularly when the matter was being
argued by one of the members of the society and should have
directed the said member to file an appropriate application for
condonation of delay, however, the same has not been done.
Such a hyper-technical view, in the opinion of this Court, cannot
be taken, particularly when the delay was only of 21 days and
accordingly the Tribunal ought to have directed the concerned
petitioner-in-person perhaps the member of5 the society to file an
appropriate application for condonation of delay which has not
been done and as such this Court is of the opinion that the order
passed by the concerned Tribunal dismissing the appeal on the
ground that the same was barred by limitation by 21 days and that
no application for condonation of delay along with affidavit had
been filed, amounts to taking a hyper-technical view of the matter
by the authorities. The petitioner ought to have been granted an
opportunity to file an appropriate application for condonation of
delay and the same ought to have been considered and decided
in accordance with law. Accordingly, the impugned order dated
30.06.2023 passed by the Chhattisgarh State Co- operative
Societies Tribunal, Bilaspur is hereby set aside. The matter is
remitted back to the concerned Tribunal and the petitioner is
directed to appear before the concerned Tribunal along with the
application for condonation of delay supported with an affidavit

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and in turn, the Tribunal shall consider and decide the same in
accordance with law, without being influenced by the earlier order
passed by the Tribunal preferably within a period of 45 days from
the date of production of a copy of this order.
6. With this observation and direction, this petition stands disposed
of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Raghu Jat