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Nirmal Ujwal Credit Co-op  Soc. V/s Pranali R. Putterwar

 

In Misc. Application no. 437/19 & 76/19, U-7 in SC100728

 

In this application the Appellants seeks condonation delay of 38 days.

 

According to Learned Counsel for appellant, appeal came to be filed on 11.04.2019 and delay of 38

days has occured for the following reasons:

  1. Appellate Tribunal is based at Mumbai whereas applicant is a Co-operative Society based in Nagpur;
  2. Applicant Society was required to take decision by consensus regarding preferring an appeal;
  3. Advocate for the applicant from Nagpur was required to prefer an appeal at Mumbai as at the relevant time appeal against Source complaint was not accepted online;

 

Learned Counsel for Non-applicant strongly resists the application and submits that from the impugned order itself, it can be seen that applicant is delaying the registration of the project and considering the delaying tactics application needs to be rejected with costs.

 

It is not denied that applicant is a Co-operative Society and it is Nagpur based. It is not specifically denied that online appeal against the order in source complaint was not accepted at the relevant time and Counsel from Nagpur representing the applicant was required to file appeal in the Tribunal at Mumbai.

 

Order passed by the Hon’ble Tribunal:  The Tribunal does not find that delay is deliberate or intentional. Hence application is allowed, Delay is condoned; No order to costs.