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TMI Blog2016 (6) TMI 1453X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal has refused to condone the delay of 108 days in filing an appeal challenging the judgment and the award dated 16.12.2013 passed by the Registrar's Nominee of the Co-operative Societies, South Goa in Misfeasance Case No. 1-204-2012/TS/RCS/VUCCSI/509. 3. The brief facts are that the petitioner no. 1 is working as Clerk with the respondent-Co-operative Credit Society, while the petitioner no. 2, who is the wife of petitioner no. 1 is working as a agent for collecting pigmy deposits for the said Co-operative Credit Society. The aforesaid misfeasance proceedings were started against the petitioners on the file of the Registrar's Nominee at South Goa, under Section 82 of the Goa Co-operative Societies Act, 2001 (the Act, for short ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned Counsel for the petitioners submits that under Section 82(2) of the Act, the Registrar's Nominee is obliged to serve a copy of the decision on the person against whom it is made in the manner laid down for the service of summons in the Code of Civil Procedure, 1908. He submits that admittedly, such notice alongwith copy of the judgment and order passed by the Registrar's Nominee was served on the petitioners on 03.03.2014 and the appeal having been filed on 02.04.2014 was well within limitation. The learned Counsel points out that the application for condonation of delay was filed by way of abundant caution. He submits that although, the ground specifically based on Section 82(2) of the Act was not taken, in the applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter of condonation of delay, the Courts adopt a liberal approach. This is more so when the delay is of a short duration. It is well settled that no party stands to gain by approaching the Court late and there is no presumption that the delay in approaching the Court is intentional or deliberate (see Collector Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, AIR 1983 SC 1353). A useful reference in this regard may also be made to the decision of the Hon'ble Supreme Court in Esha Battacharjee Vs. Managing Committee of Raghunathpur Nagar Academy, (2013) 12 SCC 646). 9. In the present case, I find from the roznama of the proceedings that the last date in the proceedings was on 21.09.2013 and thereafter, no date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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