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| HC directs constitution of Coopertaive Appellant Tribunal | | | Early Times Report
JAMMU, Nov 10: Justice Sanjeev Kumar of Jammu & Kashmir High Court directed for constitution of Coopertaive Appellant Tribunal.
This significant judgment has been passed in a petition filed by Amar Singh and Ors a direction to respondent No.1 to perform his statutory duty of constituting a Cooperative Appellate Tribunal in terms of Section 157 of the J&K Cooperative Societies Act, 1989 ["the Act of 1989]. Other prayers made by the petitioners, submits learned counsel, have become infructuous by efflux of time.
During the course of hearing Adv Aseem Sawhney appearing for the petitioners draws attention of this Court to Section 157 of the Act of 1989 and submits that, though the Act was enacted as far back as in the year 1989 and the rules were framed thereunder in the year 2001, no steps have been taken by the Government to constitute the Cooperative Appellate Tribunal in terms of Section 157 of the Act. He argues that because of non-availability of the Tribunal, the remedy of appeal against the orders passed by the Registrar, Cooperative Societies under Section 158 of the Act has been taken away.
Justice Sanjeev Kumar after hearing Adv Aseem Sawhney appearing for the petitioners whereas Deputy AG KDS Kotwal for the UT, observed that As is submitted by Mr. Kotwal, learned Dy.AG, this Court hopes that in near future, the Cooperative Appellate Tribunal shall be constituted . However, with a view to ensure that the Government performs its statutory duty under Section 157 of the Act without any further loss of time, this petition is disposed of with a direction to respondent No.1 to take immediate steps, if not already initiated to constitute the Tribunal in terms of Section 157 of the Act of 1989 and conclude the process of establishment of Tribunal within a period of three months from today.
—JNF |
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