SULTAN MAHMOOD & CO. Versus REGISTRAR, CO-OPERATIVE SOCIETIES
The petitioner, Messrs Raja Sultan Mahmood and Company have moved this Constitutional petition praying therein that the respondents may be directed not to charge compound interest on the loan given to them and that the award passed on 18‑6‑1987 may be declared illegal and the notice issued under section 81 of the Punjab Land Revenue Act may be declared illegal and without lawful authority.
2. Learned counsel for the parties have been heard. Learned counsel for the respondents has taken a preliminary objection that under section 56 of the Co‑operative Societies Act VII of 1925 appeal is competent before the Registrar and thereafter revision under section 64‑A can also be filed by the aggrieved person. Learned counsel stated that the petitioner has admittedly not filed an appeal and as such the writ petition cannot be entertained and decided on merits. Learned counsel for the petitioner submitted that the question is regarding the fixation of rate and, therefore, the appeal before the Registrar is not competent. However, learned counsel for the respondents contended that even regarding the fixation of rate appeal is competent before the Registrar under the provisions of the Co operative Societies Act. It is next argued by the learned counsel for the petitioner that by this time the appeal has become barred by limitation. I am afraid I cannot agree with the learned counsel for the petitioner for the simple reason that he has been pursuing a remedy in the High Court in the shape of the writ petition. Therefore, the petitioner, if so advised can file an appeal alongwith an application for condonation of delay under section 5 of the Limitation Act and thereafter I am sure that the appellate authority shall. hear the appeal on merits. The explanation to be given for condonation of the delay shall also be taken into consideration by the appellate forum. With this observation without touching the merits of the case I do not find any substance in the petition which is accordingly dismissed.
H . B . T . / R‑87 / L Petition dismissed.