- (1.) This writ petition has been placed before us upon a reference made by a learned Single Judge through the judgment dated 5th March, 2008. The learned Single Judge was of the view that there were different views of two Division Benches of this Court with regard to the jurisdiction of the West Bengal Co-operative Tribunal ( the Tribunal for brevity) constituted under the West Bengal Co-operative Societies Act, 1983 ( the Act for brevity) for condoning delay in preferring an appeal which was presented beyond the period of limitation.
(2.) In Egra Thana Cooperative Agricultural Marketing Society Limited v. Registrar of Cooperative Societies, (2003)2 Cal HN 460: (2003)1 WBLR (Cal) 488, a Division Bench of this Court held that in view of the provisions of sub-section (2) of Section 136 of the Act, which specifically provides that the provisions of the Limitation Act, 1963 shall not apply to an appeal preferred under sub-section (1) of Section 136, the Tribunal constituted under the Act has no jurisdiction to condone the delay in preferring an appeal under Section 136(1) of the Act which, read with item No. 11 in the Third Schedule to the Act, provides limitation period of one month from the date on which the order, decision or award of the Arbitrator under Section 96 of the Act is communicated.
(3.) In Contai Cooperative Bank Ltd. v. M/s. Sagar Food Products, (2005)1 WBLR (Cal) 288, another Division Bench of this Court held that the period spent for obtaining certified copy of the award is to be excluded in calculating the period of limitation.;