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2013 (2) TMI 432 - BOMBAY HIGH COURTCondonation of delay of 58 days in filing the Revision Applications against the certificates issued u/s 101 of the Maharashtra Cooperative Societies Act at the behest of the Respondent No.3 society which claimed an amount of Rs.1,88, 289 which are the outstanding dues owed by the Petitioners and an amount of Rs.4,78,580 which are the outstanding dues owed by the Petitioners - Held that:- Petition is required to be allowed and the delay of 58 days in filing the Revision Applications deserves to be condoned as from the facts which have come on record, there can be no dispute about the fact that the Director of the Petitioners was not keeping well and as contended by him was suffering from chest pain. The undergoing of the stress test by the Director of the Petitioners is a pointer to the fact that he was undergoing treatment for heart ailment. The fact that the report of the stress test does not disclose that the Director of the Petitioners required any further treatment, would not go against the case of Petitioners whilst seeking condonation of delay of the said 58 days, as the fact remains that the Director of the Petitioners had undergone a stress test. The revisional authority has proceeded on an erroneous assumption that every day's delay has to be explained by the Petitioners. The concerned authority to hear the Revision Applications on merits and in accordance with law. The Petitioners to pay costs of Rs.3,000/to the Respondent No.3 society in each of the above Petitions within a period of two weeks from date and file evidence of the same before the revisional authority.
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