1 CGHC010241122023 2026:CGHC:38411 NAFR 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. 2/State : Mr. Anand Dadariya, Dy. A.G. 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 RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 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 3 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 4 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 5 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