Amitava Lala, J. - (1.) Under the present writ petition an appellate order of the West Bengal Co-operative Tribunal dated 21st January, 2002 in U/R Appeal No. 17 of 2000 has been challenged. Such appeal was preferred with an application for condonation of delay on the grounds that the appellant/writ petitioner was bed-ridden for 26 days due to illness and further 13 days in collecting the order of Deputy Registrar, Co-operative Society for the service and preparation of grounds bf appeal. The Tribunal was pleased to dismiss the application for condonation of delay. The ground of dismissal is that as per Section 136(2) of the West Bengal Co-operative Societies Act, provision of Limitation Act, 1963 shall not apply to an appeal, therefore, application for condonation of delay cannot be held to be sustainable in law. Further, there is a right of appeal to the Registrar against an order of the Deputy Registrar. There is also a provision under Section 137 of the Act to review the order of the Registrar himself. The communication in the form of a letter dated 6th March, 2000 does not come within the purview of Section 96 of the Act. As a result the said appeal does not lie before the Tribunal. At best, there is an opportunity either for review or revision before the Registrar as per Section 137 of the Act. Therefore, the appealability of the appeal can also not be sustainable.
(2.) In fact, the Tribunal in dismissing the appeal held that for the argument's sake, if we think that the present matter is appealable. before the Tribunal, then the question of limitation for condonation of delay will come up before the Tribunal. Under such circumstances both the application for condonation of delay and appeal were dismissed.
(3.) Factually, the proposal for joint membership of the brother and sister after the death of original member had been refused by the authority i.e. Deputy Registrar, Co-operative Society (Housing). According to Section 2(37) and Section 9 of the Act, Registrar includes any other persons appointed under Section 9 to assist the Registrar. The order impugned says that under Section 85(9) of the Act the right of appeal to the Registrar arises from the order of the Registrar/Deputy Registrar of Co-operative Society (DRCS). Therefore, two aspects are to be dealt with. One is appeal to the Registrar from the order of the Registrar himself and the other is right of appeal to the Registrar from the order of the DRCS considering him to be the subordinate Officer of such Registrar. I reiterate that the scope and ambit of the Section 85(9) of the Act which is as follows : "(9) A member of a Co-operative Housing Society in whose favour a plot of land or a house or an apartment in a multi-storeyed building has been allotted may transfer such plot or house or apartment, as the case may be, with the written consent of the co-operative housing society, under such terms and conditions and in such manner as may be prescribed, to any other person eligible to be a member of the co-operative housing society under Sub- section (1). If the co-operative housing society refuses to give its consent to such transfer it shall record the reasons for such refusal in writing and communicate the same to the member within one month from the date of receipt of his application in this regard, and the member shall have a right of appeal to the Registrar within such period as may be prescribed." ;