Chhattisgarh HC Gives Co-Op Society Chance To Seek Condonation Of 21-Day Delay In ₹2.17 Lakh Recovery Appeal

The petitioner Society challenged the Joint Registrar’s order rejecting its claim under Section 64 of the Chhattisgarh Co-operative Societies Act, 1960, for recovery of ₹2,17,476 with interest.

It filed a statutory appeal under Section 78(2), but the Tribunal dismissed the appeal as 21 days late because no application for condonation of delay, supported by an affidavit, had been filed.

The Society sought judicial review, contending that it should have been given an opportunity to file such an application.

The relevant statutory framework included Section 64 and Section 78(2) of the Chhattisgarh Co-operative Societies Act, 1960, governing the underlying claim and appeal, and Section 5 of the Limitation Act, 1963, invoked in relation to condonation of delay.

The Court applied the principle that, in the circumstances of this case, a short delay should not be dealt with hyper-technically: the Tribunal should have afforded an opportunity to file a proper condonation application and then considered it in accordance with law.

The Tribunal dismissed the appeal solely because it was 21 days late and no condonation application with an affidavit had been filed.

The High Court considered that the matter had been argued by a Society member and that the delay was limited.

In those circumstances, it held that the Tribunal should have directed the petitioner to file an appropriate application rather than dismissing the appeal on that procedural ground.

The Court did not decide whether the delay should ultimately be condoned; that question was left to the Tribunal.

The petitioner was directed to appear before the Tribunal with an affidavit-supported application for condonation of delay, which the Tribunal must consider and decide in accordance with law, uninfluenced by its earlier order, preferably within 45 days of production of a copy of the High Court’s order.

The petition was disposed of.