TRAFFORD D'SOUZA Vs. ADMINISTRATOR OF COMMUNIDADES

JUDGEMENT

(1.) HEARD Mr. V. Menezes, learned counsel appearing for the petitioner and Mr. P. A. Kamat, learned counsel appearing for respondent no.2.

(2.) THE above petition challenges an order passed by the respondent no.1 dated 24.09.2009 and the judgment dated 04.12.2009 passed by the learned Tribunal in Communidade Appeal No. 18/2009.

(3.) ON the other hand, Mr. P. A. Kamat, learned counsel appearing for respondent no.2 has supported the impugned judgment. The learned counsel has pointed out that there is a resolution of the Communidade disclosing that the petitioner has been expelled from being the member of the said Communidade and as such, the question of including the petitioner as member of the Communidade is totally uncalled for. The learned counsel further pointed out that the respondent no.2 was not duly served in the appeal before the respondent no.1 and as such on account of their non appearance, the stand of the respondent no.2 could not be put forward before the respondent no.1. The learned counsel further pointed out that the appeal preferred by the petitioner before the respondent no.1 is barred by limitation and as such the appeal could not be considered by the respondent no.1. The learned counsel as such submits that no interference is called for in the impugned judgment.