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Head Note

The Limitation Act, 1963  - Section 29 (2)

Karnataka Cooperative Societies Act, 1959 - Section 108 - Limitation - Condonation of Delay - Suo Moto - Section 108 of the KCS Act confers the power of revision on the state government suo moto at any time, or on application by an applicant within 6 months of the passing of an order - KCS Act is a special legislation - By virtue of Section 29(2) of the Act, 1963, the power to condone delay is available with the state government.

The Limitation Act, 1963  - Section 29 (2)

Karnataka Cooperative Societies Act, 1959 - Section 108 - Limitation - Condonation of Delay - Suo Moto - State government has exercised its statutory power under Section 108 of the KCS Act after satisfying itself that the sale of the mortgaged immoveable property of the appellants in the public auction is illegal - Held that it is not open for the respondents to contest the same by urging technical grounds, especially in light of the fact that the power conferred upon the state government under Section 108 of the KCS Act is 'suo moto' and the same can be exercised 'at any time'- Having regard to the facts of the case, in the absence of an application for condonation of delay, the exercise of the power by the Minister for Co-operation, State Government of Karnataka must be taken as a suo moto exercise of power by him. (Para 20) (C) Karnataka Cooperative Societies Act, 1959, Section 89 - Karnataka Cooperative Societies Rules, 1960, Rule 30 -Auction Purchaser - Protection of Interest - Award of the Arbitrator dated 31.05.2024 ordering the sale of land was passed ex parte - Appellants were not provided any opportunity to produce their defence and objections to the same - Appellants had repaid the principal loan amount as on 30.06.2023 itself - Confirmation of the auction sale was ordered on 10.12.2023 - It was upon the auction purchaser to assess the circumstances in which the auction of the property was being conducted - Confirmation of the sale happened only on 10.12.1985, which was after the principal loan amount had been repaid by the appellants in compliance of the notification issued by the Bank - Rights of the auction purchaser cannot be protected as he cannot be said to be a bona fide purchaser.

Topic(s)-Limitation - Condonation of Delay - Suo Moto - Power available with govt. under statute