Dtd.07.10.2023                                            RA/101/2023

O R D E R

       BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1. This Review Application is filed U/s.50 of CPA, 2019 to review the order dtd.24.11.2022 passed in A/1683/2017.
2. This RA is set for hearing on admission along with IA filed U/s.69 (2) of CPA 2019 R/w Sec.5 of Limitation Act, 1963 to condone delay. It is noted in the proceeding sheet 250 days of delay in preferring the appeal.
3. The Commission heard the learned counsel for Review Applicants on admission and also on IAs. He submits that Mr.Mallappa Laxman Sapate, 2^nd Review Applicant tendered his resignation to Sri Bhagyalaxmi Co-operative Credit Society ltd., Sankeshwar, which was accepted as per letter dtd.07.12.2017. The Commission examined the order dtd.24.11.2022 passed in A/1683/2017, wherein complaint came to be allowed against OP.1, 3 & 10 in CC/201/2015 who are none other Appellant no.1/B.A.Mane, Appellant no.3/Prakash Narayan Sutar and Appellant no.10/Mallappa Laxman Sapate. It is to be taken notice of the fact that this Commission passed the order directing OP.1, 3 & 10 in CC/201/2015 to return respective FD amount in favour of Complainant/Respondent along with interest at 12% p.a. till realisation and to pay a sum of Rs.10,000/- as compensation and Rs.10,000/- as litigation cost within 60 days and further ordered the complaint as against OP.2/Appellant no.2/Raju Sutar, OP.4 to 9/Appellant no.4 to 9/Ex-Directors is dismissed with no order as to cost. It is submitted by learned counsel for the appellant the said order is passed followed by the order dtd.21.09.2016 passed by Hon’ble Chairman with two members in A/1150 to 1155/2014. The complaint cases as well appeals thereon were decided by this Commission under the provisions of CPA 1986. It is true that Sec.50 of CPA 2019 provides for review of order of the State Commission in certain cases to review any of order passed by it if there is an error apparent on the face of the record either on its own motion or on an application made by any of the parties within 30 days of such order. In this case, Review applicant nos.1 & 2 sought to review the order dtd.24.11.2022 by filing an application U/s.50 of CPA 2019 on 31.08.2023 i.e. almost after 250 days which cannot be entertained for simple reason that CPA 1986 did not provide for any review powers. Further to be taken notice of the fact from the contents of affidavit sworn in by the RA petitioner enclosed to   their IAs filed U/s.69 (2) R/w Sec.5 of Limitation Act, 1963 which cannot be considered after lapse of 250 days under CPA 2019. We have to observe herein that Sec.50 of CPA 2019 being distinct provision has to be construed in strict sense. In other words 30 days means 30 days from the date of order  and not that such petition could be filed at the whims and fancy of the party to review after expiry of time stipulated and that too in this case after expiry of 250 days which cannot be entertained at all.
4. A/1683/2017 is arising  out of the order passed in CC/201/2015 and the documents produced along with this RA arises after acceptance of the resignation of Mr.Mallappa Laxman Sapate dtd.07.12.2017 by the Society which cannot be considered by this Commission in this RA or appeal as the case may be. In our view, if at all, this RA Applicants were not indulging in fraud and misappropriation of the fund of the Credit Society, are at liberty to participate in the EA proceedings and bring all the legal consequences of the order passed in A/1150 to 1155/2014 dtd.21.09.2016 to the Executing Commission and it  is for the Executing Commission to consider the resignation letter Dated 07.12.2017 or any other documents which will be placed by parties to the execution proceedings to arrive at a just conclusion and in such view of the matter  disposed off the RA with no order as to cost.
5. Issuance of notice to the RA to the Respondents stands dispense with as not necessary.

6. Send a copy of this Order to the District Commission and parties to the petition.

         Lady Member                           Judicial Member              

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