Bombay High Court
Ambadas Bhikaji Thorat vs Sant. Tukaram Nagari Sahakari ... on 14 July, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 922.CAC.29-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAC) NO. 29 OF 2023
IN
CIVIL REVISION APPLICATION (CRA) ST. NO. 21749 OF 2022
( Ambadas Bhikaji Thorat
Vs.
Sant Tukaram Nagari Sahakari Patsanstha Ltd., Jalgaon Jamod, Thr. Its
Branch Manager & Anr. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. G.G. Mishra, Advocate for the Applicant.
CORAM: AVINASH G. GHAROTE, J.
DATED : 14th JULY, 2023 Civil Application (CAC) No. 29/2023 seeks condonation of delay of 88 days in filing the revision. Considering the reasons given, accepting the same and the quantum of delay, the same is condoned. The application is allowed.
2. Office to register the Revision.
3. Civil Revision Application (CRA) ST. No. 21749/2022 seeks to challenge the order dated 24.06.2022 passed by the learned Trial Court rejecting the application under Order VII Rule 11 (d) of the Code of Civil Procedure, claiming rejection of the plaint on the ground that the dispute before the learned Trial Court was one covered by Section 91 of the Maharashtra ::: Uploaded on - 17/07/2023 ::: Downloaded on - 18/07/2023 03:30:37 ::: 2 922.CAC.29-2023.odt Co-operative Societies Act, 1960 (for short the "M.C.S. Act"), and therefore, in light of the bar created under Section 163 (1) (b) of the MCS Act, the suit was not maintainable.
4. A perusal of the plaint in R.C.S. No. 35/2021 would indicate, that it is a suit for recovery filed by the plaintiff/Co-operative Credit Society against the defendant Nos. 1 and 2, who are the sureties of one Ganesh Ambadas Thorat to whom the society had advanced a loan of Rs.1,00,000/- which has not been repaid. The provisions of Section 91 (1) (d) of the M.C.S. Act, indicate that the dispute against a surety of a member is within the framework of Section 91 of the M.C.S. Act, considering which, issue notice for final disposal to the non-applicants, returnable on 07.08.2023.
5. The applicant shall serve the non-applicants by all modes permissible in law including Hamdast.
JUDGE SD. Bhimte ::: Uploaded on - 17/07/2023 ::: Downloaded on - 18/07/2023 03:30:37 :::