HEMANT SOLANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ON behalf of the petitioner this petition is preferred under Article 227 of the Constitution of India being aggrieved by the order dated 20.12.2013 (Ann. P.7), passed by the respondent No.2/ Registrar of Societies, Madhya Pradesh, Bhopal in Case No.A/36/2013/S/1808/13, whereby allowing the application of the respondent No.4, the alleged delay in filing such appeal has been condoned and the same was directed to be placed on 4.1.2014 for hearing on merits.

(2.) THE facts giving rise to this petition in short are that on behalf of the respondent No.4 against the order dated 9.5.2013 (Ann. P.1), passed by the Assistant Registrar, Firms and Societies Jabalpur the above mentioned appeal was preferred against the petitioner and some others under Section 40 of M. P. Society Registrikaran Adhiniyam, 1973 (In short the Adhiniyam). As such appeal was filed barred by time, therefore an application under the Adhiniyam for condoning such delay by mentioning the cause in which such delay had caused was also filed. After receiving the notice of such application and appeal on behalf of the petitioner the averments of the application were disputed on the ground that whatsoever cause stated by the respondent No.4 in such application, the same could not be treated to be sufficient for condoning the alleged delay, as per requirement of provision of Adhiniyam day to day delay in filing the appeal has not been explained by mentioning the sufficient cause and in such premises the prayer for dismissal of such application was made.

(3.) I have heard the learned counsel for the petitioner as well as the respondent at length.