YUVRAJ G Vs. SUDHIR S

JUDGEMENT

(1.) This petition takes an exception to the order passed by the Co-operative Court Mumbai dated 25th February 2016 below Exhibit-1 in Miscellaneous Application No.71 of 2012 as also the order passed by the Maharashtra State Appellate Co- operative Court dated 19th September 2016 in Appeal No. 40 of 2016.

(2.) Respondent No.1 herein had fled Dispute No. 767 of 2005 before the Cooperative Court, Mumbai against the present petitioner and respondent No.2 in relation to Flat No.A/08, Mahatma phule C.H.S.Ltd., Kurla (E), Mumbai. According to the petitioner, the Co-operative Court on 24 th August 2011 passed an ex-parte award and allowed the dispute.

(3.) The petitioner states that on 19th March 2012, he fled Miscellaneous Application No. 71 of 2012 under Order 9 Rule 13 of CPC for setting aside said ex-parte award along with an application for condonation of delay, as there was delay of 175 days in fling said application under Order 9 Rule 13 of CPC. It is stated that the learned Co-operative Court rejected the said application for condonation of delay on the ground that the application under Order 9 Rule 13 of CPC itself is not maintainable and hence, question of condoning delay does not arise. It is stated that according to learned Co-operative Court the award dated 24th August 2011 was not an ex-parte award as same was passed after fling of written statement by the petitioner.