Section 28 in Delhi Co-Operative Tribunal Rules, 2006
28. Procedure regarding appeal other than those to the Tribunal and application for revision.
(1)An appeal under sub-section (2) of Section 112 or an application for revision under sub-section (6) of Section 114 shall be either presented in person or sent by registered post to the appellate or revising authority.(2)The appeal or the application for revision shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed from or sought to be revised.(3)Every appeal or application for revision shall-(a)specify the name and address of the appellant or applicant and also the name and address of the respondents, as the case may be;(b)state by whom the order appealed from or sought to be revised was made;(c)set forth concisely and under distinct heads, the grounds of objection to the order appealed from or sought to be revised together with a memorandum of evidence;(d)state precisely the relief which the appellant or the applicant claims; and(e)give the date of the order appealed from or sought to be revised.(4)Where an appeal under sub-section (2) of Section 112 is preferred after the expiry of sixty days specified in sub-section (2) of the said section, it shall be accompanied by a petition supported by an affidavit setting forth the facts on which the appellant relies to satisfy the appellate authority that he had sufficient cause for not preferring the appeal within the said period of sixty days.(5)On receipt of the appeal or the application for revision, the appellate or revising authority shall as soon as possible examine it and ensure that-(a)the person presenting the appeal or the application has the locus standi to do so;(b)it is made within the prescribed time-limit; and(c)it conforms to all the provisions of the Act and these rules.(6)The appellate or revising authority may call upon the appellant or the applicant for revision to remedy the defects, if any, or furnish such additional information as may be necessary, within a period of fifteen days of the receipt of the notice to do so.(7)The revising authority may, before passing orders under sub-section (6) of Section 114, obtain from any subordinate officer such further information in regard to the enquiry or the proceedings for the purpose of verifying the regularity of such proceedings or the correctness, legality or propriety of any decision passed or order made therein. The revising authority may also call for and obtain from the parties connected with such enquiry or proceedings such information as is necessary with reference to the examination of the records of enquiry or proceedings and the information obtained from the subordinate officer.(8)In the proceedings before the appellate or revising authority, legal practitioners shall be entitled to appear to represent parties.(9)The appellate or revising authority shall on the basis of the enquiry conducted and with reference to tire records examined pass such order on the appeal or on the application for revision as may seem just and reasonable.(10)Every order of the appellate or revising authority under sub-section (2) of Section 112, sub-section (6) of Section 114 or, as the case may be, shall be in writing and it shall be communicated to the appellant or applicant, to such other parties as in the opinion of the authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal or the application for revision was made.
