BANGALORE URBAN AND RURAL DISTRICT COOPERATIVE MILK PRODUCERS SOCIETIES UNION LIMITED Vs. SRI H HANUMANTHAPPA

JUDGEMENT

(1.) In this case, the short question fails for determination is 'whether the Joint Registrar is competent to entertain a miscellaneous application under Rule 34(1)(b) of the Karnataka Cooperative Societies Rules, 1960 (for short the 'Rules') to set aside an ex-parte decision or award after thirty (30) days from the date of such decision or award was made when such decision or award had been duly served in the dispute or in other cases after thirty (30) days from the date of knowledge of such decision or award having been made?.'

(2.) A few facts necessary for disposal of the writ petition are as under:

(3.) Learned Counsel for the Petitioner submits that the first Respondent was placed ex-parte in the award proceedings before the second Respondent. The award was passed on 21.2.2003. In the Execution Case No. 758/2008, the Petitioner was served with a notice on 28.11.2008. Thus, on the said date, the first Respondent had the knowledge of the award at Annexure 'C. The Petitioner ought to have filed the miscellaneous case under Rule 31(4)(b) within 30 days from the date of the knowledge of the award. The miscellaneous case was filed on 16.2.2009. Thus, there is a delay of about two months in filing the miscellaneous case. The second Respondent should not have entertained the miscellaneous case as it was filed beyond 30 days from the date of the knowledge of the award. It is further argued that Sections 4, 5, 12 and 14 of the Indian Limitation Act are applicable to the filing of any appeal or application for revision under the Act having regard to Section 119 of the Act. Section 5 of the Limitation Act is not made applicable for seeking condonation of delay in filing the miscellaneous case under Rule 31(4)(b). The second Respondent is not right in allowing the application seeking condonation of delay in filing the miscellaneous case. Therefore, the Appellate Tribunal ought to have set aside the order of the second Respondent.