IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 35565 of 2003(H) --------------------------------------- PETITIONERS: --------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, PALAYAM, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR. 2. THIRUVANANTHAPURAM DIST. CO-OPERATIVE BANK LTD., FORT, THIRUVANANTHAPURAM, REP. BY ITS GENERAL MANAGER. BY ADV. SRI.S.CHANDRASENAN, ADV. SRI.P.K.SOMARAJAN. RESPONDENTS: ----------------------- 1. KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM. 2. P. KHADEEJA BEEVI, TC 3/1783, PATTOM, TRIVANDRUM. R2. BY ADV. SRI.K.VINOD CHANDRAN, ADV. SRI.HARI S.NAYAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35565/2003-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1; COPY OF THE AWARD OF THE ARBITRATOR/ JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, DT. 27/09/2002. EXT.P.2: COPY OF THE DELAY CONDONATION PETITION AND THE SUPPORTING AFFIDAVIT. EXT.P.3: COPY OF THE ORDER DTD. 7TH DAY OF MARCH 2003, BEFORE THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.35565 of 2003 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The challenge is on Ext.P3 order passed by the Kerala State Co-operative Tribunal whereby the revision filed by the petitioner has been dismissed on the ground of delay. It is now settled law that on the only ground of delay and without examining the reasons for the delay the revision petition cannot be dismissed. (Kerala State Co-operative Bank Ltd. v. Kerala Co-operative Tribunal, 2005 (1) KLT 572). In other words in case the revision petitioner can satisfy the Tribunal that there is sufficient cause to condone the delay in filing the revision, the Tribunal has to pass appropriate orders in the matter of condonation of delay. Going by the averments in Ext.P2 it is obviously clear that the petitioner has sufficient grounds for condoning the delay. Accordingly Ext.P3 is set aside. Ext.P2 delay condonation petition is allowed. There will be a direction to the Kerala State Co-operative Tribunal to consider R.P.No.121/2003 on merits. It is submitted that an appeal filed by the second respondent is also pending before the W.P(C)No.35565/2003 -:2:- Tribunal, in which case both matters will be consolidated and disposed of expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.35565 of 2003 ----------------------------------- JUDGMENT 22nd October, 2008