Legal Remedies and Registrar Complaints
What appeals process exists if we lose in the district co-op court (State tribunal or High Court)?
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Short Answer
If you lose in the district co-op court, you can appeal to the State Tribunal or High Court.
Detailed Explanation
Section 152 of the Gujarat Cooperative Societies Act, 1961 provides for the appeals process. This section states that any person aggrieved by an order or decision of the Registrar, or any other person authorized by the Act, may appeal to the State Tribunal within 60 days from the date of the order or decision. The State Tribunal has the power to hear and decide on such appeals.
Furthermore, Rule 135 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing an appeal. It states that the appeal shall be made in writing to the State Tribunal, specifying the grounds of objection and the relief sought. The appellant must also deposit the prescribed fee along with the appeal.
In practice, if a cooperative society loses a case in the district co-op court, they can file an appeal to the State Tribunal within the specified time frame. The appeal should clearly state the reasons for challenging the decision and the desired outcome. The State Tribunal will then review the case and make a decision based on the evidence and arguments presented.
Real-world Scenarios
Scenario 1: A cooperative society loses a dispute over membership rights in the district co-op court. They decide to appeal the decision to the State Tribunal, citing procedural irregularities in the lower court's judgment.
Scenario 2: A cooperative society is ordered to pay damages to a member in a property dispute case. Dissatisfied with the judgment, they file an appeal with the State Tribunal, claiming that the evidence was not properly considered.
Reference
Section 152 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 135 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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