G.N.RAY, G.B.PATTANAIK
Goa Central Co-operative Consumers – Appellant
Versus
Bhagwant Narayan Tendulkar – Respondent
Order
This appeal is directed against the judgment dated 7.7.1980 passed by the Bombay High Court, Goa Bench at Panaji in Special Civil Application (Writ Petition) No. 107 of 1974. The appellant, the Goa Central Cooperative Consumers Wholesale and Retail Stores Ltd., Panaji made an application under Section 91 of the Maharashtra Cooperative Societies Act, 1960 against the respondents for claim of money flowing from a hire-purchase agreement entered between the said cooperative society and the respondents. Under such agreement the Society had transferred three trucks to the respondents on a hire-purchase basis.
2. The respondents raised the dispute that the proceeding under Section 91 of the Cooperative Societies Act before the Registrar of the Cooperative Societies was not maintainable. Such contention, however, was overruled by the Registrar. Thereafter, the aforesaid writ petition was moved before the ‘Goa Bench of the Bombay High Court by the respondents. By the impugned judgment the High Court has held that such dispute was not maintainable under the provisions of Section 91 of the Maharashtra Cooperative Societies Act, 1960. The High Court has indicated that the hire-purchase
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