SHIKSHIT SWAROJGAR UDYOG CO-OPERATIVE SOCIETY LIMITED, vs ANIL KUMAR BANAJ, VA.SA.NI.

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CGHC010240982023 2026:CGHC:45513
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
SHYNA
AJAY
WPC No. 3375 of 2023
Digitally signed
by SHYNA AJAY
Date: 2026.10.31
17:31:20 +0530
Shikshit Swarojgar Udyog Co-operative Society Limited, Bilaspur,
District - Bilaspur, Chhattisgarh. Through President - Jyoti Bhushan
Gaur, having its Registered Office at Garima Press Bilaspur, District -
Bilaspur, Chhattisgarh (A Registered Society, Registered under the
Co - operative Society Act 1960)
... Petitioner(s)
versus
Anil Kumar Banaj, VA.SA.NI., Through - Office Of The Registrar Co -
operative Societies Chhattisgarh, Indrawati Bhawan, Atal Nagar Raipur,
District - Raipur, Chhattisgarh.
... Respondent(s)
(Cause Title downloaded from CIS Periphery)
For Petitioner(s) : Mr. Ashok Kumar Swarnakar, Advocate
For Respondent(s) : Mr. Anchal Kumar Matre, Advocate
SB: Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
28/10/2026
1. The present petition has been filed challenging the order dated

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30.06.2023 passed by Chhattisgarh State Co-operative Tribunal,
Bilaspur by which the Tribunal has dismissed the appeal filed by
the petitioner holding that the appeal was filed by the petitioner
with a belated delay of 21 days. However, no any application for
condonation of delay has been filed along with an affidavit, hence,
the appeal which has been filed with delay cannot be condoned
and cannot be entertained. Accordingly, the appeal itself has been
dismissed on the aforesaid ground.
2. Learned counsel for the petitioner submits that the order dated
30.06.2023 is not in accordance with law. It is submitted that the
concerned Tribunal ought to have granted an opportunity to the
petitioner to file an appropriate application for condonation of
delay and thereafter the said application ought to have been
considered and decided in accordance with law. The order was
passed way back on 30.06.2023 and thereafter, the present
petition has been filed seeking the 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 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

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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.
3.
Learned counsel for the petitioner submits that the petitioner is a
registered Co-operative Society consisting of educated
unemployed engineers, architects, and technical professionals
who earn their livelihood through contractual works undertaken by
the Society. During the tenure of Respondent No. 1 as the
authorized officer, several employees were terminated, causing
severe operational disruption and direct financial losses to the
Society. To recover the financial loss of Rs.2,17,476/- along with
interest, the petitioner submitted an application under Section 64
of the Chhattisgarh Co-operative Societies Act, 1960. However,
the Joint Registrar, Co-operative Societies, Bilaspur, rejected the
application vide order dated 19.07.2022 (endorsed on 22.07.2022,
without according any opportunity of hearing and without
appreciating the material evidence on record. He further submits

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that upon receiving the copy of the order by post on 08.08.2022,
the petitioner preferred a statutory appeal under Section 78(2) of
the Act before the Chhattisgarh Co-operative Tribunal for recovery
of the said sum of Rs.2,17,476/- with interest. When the matter
came up before the learned Chairman on 30.06.2023 in
Unregistered Appeal No. Nil/2022, one of the members of the
Society appeared for the petitioner, however, a delay of 21 days
was found in preferring the appeal. The Chairman, vide order
dated 30.06.2023 dismissed the appeal only on the hyper-
technical ground that no separate delay condonation application
was attached, completely bypassing the fundamental principles of
natural justice by failing to afford the petitioner a reasonable
opportunity to submit an application under Section 5 of the
Limitation Act, 1963. Such dismissal of an appeal for a delay of
21 days, without giving a fair chance to seek condonation,
deprives the Petitioner-Society of a substantial remedy and leads
to a grave miscarriage of justice.
4. On the other hand, learned counsel for the respondent submits
that the order dated 30.06.2023 passed by the learned Tribunal is
valid, as an appeal filed beyond limitation without an application
under Section 5 of the Limitation Act is non-maintainable.

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5. Heard learned counsel for the parties and also perused the
documents annexed with the petition.
6. Considering the facts and circumstances of the present case, this
Court is of the view that 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
perhaps the member of 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

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accordance with law.
7. 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 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.
8.
With this observation and direction, this petition stands disposed
of. Sd/-

(Amitendra Kishore Prasad)
Judge
Shyna Ajay