SMT. RANJANA KAPOOR Vs. THE REGISTRAR AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 24.07.1989, passed by the Delhi Cooperative Tribunal. The impugned order was passed in an appeal under Section 76(2)(a) of the Delhi Cooperative Societies Act, 1972 (hereinafter referred to as the said Act), challenging an ex -parte award dated 14.12.1988. By virtue of the impugned order, the petitioner 's appeal had been dismissed on the ground of limitation. The period of limitation prescribed for an appeal under section 76(2)(a) is 60 days from the date of the award. It was the contention of the petitioner, before the Tribunal, that the petitioner had come to know about the ex -parte award on 23.05.1989, when she received a letter from the respondent Society asking her to hand over the physical possession of the plot in question, in terms of the impugned award dated 14.12.1988. It was contended that immediately thereafter the petitioner engaged a counsel and filed the appeal before the Tribunal within 60 days from the date of the said letter dated 19.5.1989. It was also contended that the period of limitation be reckoned from the date of knowledge of the impugned order, that is, from the date of receipt of letter dated 19.05.1989. The letter was received on 23.05.1989.

(2.) THE Tribunal, however, rejected the plea of the petitioner in the following manner:

(3.) THE award shall be communicated to the party by