RAMESH GOVIND KULKARNI Vs. KARNATAKA APPELLATE TRIBUNAL BANGALORE

JUDGEMENT

(1.) these writ petitions have been filed by the petitioners for quashing of the Order dated 19th april, 1994, passed by the respondent-karnataka appellate tribunal (annexure-a) whereby, the tribunal has dismissed the appeals filed by the petitioners on the ground of limitation.

(2.) the said appeals being numbered 427, 428, 623, 626 and 627 of 1991 were filed before the tribunal under Section 105 of the Karnataka co-operative societies Act, 1959 ('the act' for short), against the award of the honorary arbitrator of the co-operative societies. The office of the tribunal on computation of limitation found four appeals being nos. 427 of 1991, 625 of 1991, 626 of 1991 and 627 of 1991 to be well within time after excluding the time taken in obtaining certified copies of the impugned award. But the appeal No. 428 of 1991 was found to be belated by 92 days. The tribunal dismissed all the appeals by taking a view that even for seeking exclusion of the requisite time taken in obtaining copies, a separate application seeking condonation of delay is necessary and that, since the petitioners failed to file such applications their appeals are liable to be rejected as barred by limitation.

(3.) sections 105 and 119 of the ACT are to the following effect: Section 105. Appeals to the tribunal. Any person aggrieved by,