Kaycee (Self Employed) 30 April 2014

Appeal

Respected All,

The lower cooperative court has passed and order in favor of the complainant, which is the state Housing Finance Company, against the cooperative Society.

The Housing finance corporation does not implement the order/decree.

It file an appeal for "Condonation of Delay"- The delay is more than Three years.

The Maharashtra state Appellate Cooperative court rejects the application.

Now the Question is as follows:

1) The applicant not satisfied with the lower cooperative court order did not implement the order for more than three years and preferred to appeal.

2) They first moved the application for the delay condonation, which is denied.

CAN THE RESPONDENT HAVE AN ADVANTAGE NOW, IF THE APPLICANT WANTS TO IMPLEMENT THE LOWER COURT ORDER THAT IS NOT IN HIS FAVOR, ON the same grounds that there has been a delay and the applicant is not satisfied with the lower court order,hence filed an appeal also.

What are the remedies available for the respondent,IS DELAY A FIRM GROUND TO FIGHT THE order of the lower court.

Thanks in Advance..

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2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 30 April 2014

It is not understand by plain reading what is the query???

If you are complainant i.e. Disputant before Co-operative court, then you have better case, if the respondent has not file writ petition against the order on delay application.

The complainant has to move execution petition immediately to get execute the order of Co-operative court.

Now if delay application is rejected by the appellate court then the order of Co-operative court is confirm.

The appellant before the Co-operative appellate court has remedy to file Writ petition before the High court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 01 May 2014

Any advice can be given only if the issue is clearly stated. Please state

1. Who was the complainant and who was the opponent?

2. What exactly was the complaint?

3. What exactly was the order of the court?

4. The order could be merely for compliance by the party against whom the order was issued or it may call for a decree for execution.

5. If the order of a court is not complied with, no appeal being made within the specified time, there are provisions in Maharashtra Co-operative Societies Rules for the party aggrieved by such non-compliance to follow. It would be the responsibility of the lawyer of the aggrieved party to give timely advice.

In any case everything would depend upon what was the complaint and what was the order of the court.