Om Prakash Verma alias Malkhan Singh Verma v. Gujrat Mercantile Credit Co-operative Limited.
2011-10-19
PRAKASH SHRIVASTAVA, SHANTANU KEMKAR
body2011
DigiLaw.ai
ORDER 1. With consent heard and finally disposed of. 2. This is a petition filed under Article 226 of the Constitution of India challenging the order dated 1.12.2008 (Annexure P-2) passed by M.P. State Co-operative Tribunal, Bhopal (for short, the Tribunal) in F.A.No. 274 of 2004. 3. The aforesaid appeal was dismissed by the Tribunal taking into consideration the fact that the petitioner had failed to deposit 25% of the decreed principal amount as provided under section 56 (7) of the M.P. Swayatta Sahkarita Adhiniyam, 1999 (for short, the Adhiniyam). The petitioner submits that after dismissal of the appeal by the Tribunal an application seeking review of the said order was filed and the said Review Petition No.7 of 2010 was dismised by the Tribunal vide order dated 14.12.2010, as the petitioner sought withdrawal of the same. 4. Today, when the matter came up for hearing, it has been stated by learned counsel for the petitioner that the petitioner is ready and willing to deposit the amount in terms of the provisions contained in section 56 (7) of the Adhiniyam and as such by granting a liberty to move an appropriate application before the Tribunal this petition may be disposed of directing the Tribunal to consider the petitioner's prayer for revival of the First Appeal on such deposit being made. 5. The prayer appears to be reasonable and has rightly not been opposed by the counsel appearing for the respondents. 6. Accordingly, in the interest of justice this petition is disposed of with liberty to the petitioner to submit an application along with deposit of the amount In terms of section 56 (7) of the Adhiniyam before the Tribunal seeking revival of the said appeal In case, such application is submitted by the petitioner, the Tribunal on being satisfied that the compliance has been made, shall revive the said First Appeal and shall thereafter decide the same on merits in accordance with law. 7. With the aforesaid liberty and directions, the petition stands disposed of. Manoj Manav for petitioner: Sharad Pawar for respondent No.1: Lokesh Mehta for respondent No.2.