Kalyanmoy Ganguli, J. - (1.) In this application under Article 226 of the Constitution of India the orders passed on January 6,1988 and February 12, 1988 in unregistered appeal No.27 of 1987 passed by Sri. D.K. Chandra, Member, West Bengal Cooperative Tribunal, West Bengal are under challenge.
(2.) Bereft of verbiage, the short case of the petitioner is as follows : There was an award passed by an arbitrator under, the West Bengal Co-operative Societies Act against the petitioner. Against the award the petitioner preferred an appeal which was preferred beyond the period of limitation prescribed therefore. It appears that subsequently the petitioner also Filed an application for condonation of delay in preferring the said appeal. By the order passed on January 6, 1988 the respondent No.5 dismissed both the appeal and the petition for condonation of delay in preferring the appeal On the ground of default. Thereafter the petitioner filed an application for recalling the order passed on January 6,1988 and for condonation of delay under Order 41 Rule 3A of the Code of Civil Procedure supported by an affidavit. By an order passed on 12th February, 1988, the respondent No.5 dismissed the said application for condonation of delay holding, inter alia, that the provisions of Order 41 Rule 19 of the Code of Civil Procedure are not applicable in the case of an "unregistered" appeal. The respondent No.5 also held that the application for setting aside the orders of dismissal of the appeal is not maintainable in the absence of any specific provision.
(3.) It may be mentioned that the petitioner filed an application for recalling the order passed on January 6, 1988 which was also the subject-matter of decision of the order passed on February 12, 1988.;