M.N.Roy, J. - (1.) The petitioner, Nowda Thana Co-operative Agricultural Marketing Society Ltd. (hereinafter referred to as the said Society), is one incorporated and constituted under the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the said Act) and at the relevant time, the respondent No. 6, Birendra Nath Bajpayee, was its Secretary. Thereafter, on the basis of certain allegations against the said respondent No. 6, the Managing Committee of the said Society, took decision and passed resolution to the detriment of the said respondent No. 6.
(2.) Against such action, the respondent No. 6 filed a dispute under Section 86 of the said Act, before the Assistant Registrar, Co-operative Societies, Murshidabad and by an award dated 28th July 1978, the Arbitrator concerned, declared the resolution of the Managing Committee, relating to the no confidence motion against the respondent No. 6 or the action as proposed to be taken, to be illegal and void inter alia on the ground that the notice as issued by the Chairman of the said Society on diverse dates, were illegal.
(3.) Against such determination, the said Society which was required to file necessary appeal on 6th Oct. 1978, filed the same on 18th Oct. 1978. Since the appeal in question was filed out of time they made an application for condonation of delay, after offering their explanation and contending that they were prevented by just and sufficient cause in not filing the appeal in time. So, in fact and admittedly, there was 12 days delay in presenting the appeal and the Tribunal hearing the said appeal, did not entertain the same on the ground that under the provision of the said Act, it had no power, authority or jurisdiction to enlarge time.;