D.Y.CHANDRACHUD, SANJAY MISRA, JJ. - (1.) This is an application for condonation of delay in filing the special appeal. Since sufficient cause has been shown in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned.
(2.) The condonation of delay application is allowed.
(3.) The special appeal arises from a judgment of the learned Single Judge dated 3 October 2013, declining to entertain a petition filed by the appellants under Article 226 of the Constitution on the ground that the appellants have a remedy of moving the Prescribed Authority under Section 25(1) of the Societies' Registration Act, 1860. The appellants, claiming to be the Committee of Management of Anjuman Kherul Almin Allahganj and its Manager Mr. Abbash Khan sought to question the legality of an order dated 26 July 2013 passed by the Deputy Registrar, Firms Societies and Chits, Kanpur. By his order, the Deputy Registrar rejected the claim of the appellants and accepted the list of office bearers submitted by the third respondent for the year 2013 and issued consequently (sic)tions for registration of the list of (sic) under Section 4 of the Act. When the (sic)on came up an objection was (sic) on behalf of the third respondent that the appellants can avail if a statutory alternative remedy under Section 25(1). This objection was accepted by the learned Single Judge while dismissing the petition.;