Whether appellate Authority under Co­operative Societies Act has jurisdiction to restore an appeal that is dismissed for want of prosecution?

Thus, from the aforesaid it can be safely held that the
appellate Authority entertaining an appeal under Section 152 of
the said Act has the necessary jurisdiction and power to restore an
appeal that is dismissed for want of prosecution.  Mere absence of
any   such   statutory   provision   would   not   have   the   effect   of
preventing the appellate Authority from exercising such incidental
powers with which it is inherently clothed. The impugned order,
therefore,   passed   by   respondent   No.1   refusing   to   restore   the
appeal that was dismissed in default is liable to be set aside.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 2300 OF 2015
PETITIONERS:
            
Shri Omprakash Nathuji Vaidhya, 
                                                                                                 
­VERSUS
  The   Divisional   Joint   Registrar,   Cooperative
  Societies,   
        CORAM: A.S. CHANDURKAR, J.
        DATED: 14thDECEMBER, 2015.
Citation: 2016(2) MHLJ 936

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