IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 387 of 2025 Decided on : 07.04.2026 Kultar Singh ...Petitioner. Versus Joint Registrar (Marketing) & others ..Respondents. Coram Hon'ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner: Mr. Surinder Saklani, Advocate. For the respondents: Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No. 1 and 2. Ms. Shashi Kiran, Advocate, vice Mr. K.S.Dhaulta, Advocate, for respondent No.3. Romesh Verma, Judge(oral) Petitioner Kultar Singh has approached this Court, under Article 227 of the Constitution of India, against the order dated 15.01.2025, passed by the Joint Registrar (Marketing) Cooperative Societies Himachal Pradesh, Shimla9 (respondent No. 1) (hereinafter referred to as the ‘Appellate Authority’). 2. By way of the order dated 15.01.2025, Appellate Authority has dismissed the appeal filed by the petitioner under Section 93 of the Himachal Pradesh Cooperative Societies Act, 1968 (hereinafter referred to as the ‘Act’), on the ground that the provisions of Section 5 of the Limitation Act are not applicable to 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 the proceedings, which were initiated before Appellate Authority. As such, the appeal preferred by the petitioner was dismissed on the ground of delay and limitation. 3. Factual position, as involved in the present case, has not been disputed. The only question, which arises for determination before this Court is as to whether the approach of Appellate Authority, in dismissing the appeal, under Section 93 of the Act, on the ground of non-applicability of Section 5 of the Limitation Act, in the proceedings before Appellate Authority, is sustainable in the eyes of law or not. 4. The learned counsel appearing for the petitioner vehemently argued that in view of the decision of this Court in CMPMO No. 361 of 2024, titled as “Jogindera Central Cooperative Bank Ltd. Vs Addl. Registrar(Mon.) Cooperative Societies & Ors.”, decided on 19.05.2025, the order passed by respondent No. 1 (Appellate Authority), dismissing the application under Section 5 of the Limitation Act, as well as, the appeal is not sustainable, in the eyes of law. This Court in Jogindera Central Cooperative Bank Ltd. case (supra), has specifically considered the question with regard to applicability of Section 5 of the Limitation Act to the proceedings conducted under the Act, more particularly, Section 93 and rules framed 3 thereunder. Relevant paragraph 18 of the judgment, is reproduced as under:- “ 18. In view of aforesaid discussions and for the reasons stated hereinabove, findings regarding non-applicability of the provisions of Limitation Act including Section 5 thereof to the proceedings conducted under the Act of 1968 more particularly Section 93 and Rules framed thereunder are perverse and accordingly set aside and it is specially held that the provisions of the Limitation Act in terms of Section 49 of the Act of 1968 are excluded to its applicability to proceedings taken under Sections 69, 73 and 88 of the Act of 1968 and are not applicable to all other provisions of the Act of 1968 including Section 93, 94 etc. The question of law is answered accordingly.” 5. Nothing contrary has been cited by the learned counsel appearing for the respondents. In such situation, this Court is of the view that the petitioner is able to make out a case in his favour. 6. Consequently, the petition is allowed and the impugned order is set aside. The matter is remanded back to respondent No. 1 (Appellate Authority) to consider the application under Section 5 of the Limitation Act to adjudicate whether sufficient cause has been shown by the petitioner for not preferring the appeal within the prescribed period of limitation. 4 7. Parties to the lis are directed to appear before the Appellate Authority on 30.04.2026. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. (Romesh Verma) Judge April 7, 2026 (Nisha)