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R. C. LAHOTI, P. K. BALASUBRAMANYAN, P. P. NAOLEKAR
BHAGWANDASLAXMIDASTHAKKAR – Appellant
Versus
M. D. DAKSHINI BRAHMAN COOP. BANK LTD. – Respondent
ORDER
1. LEAVE GRANTED.
2. THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION (FOR SHORT "THE COMMISSION") HAS DIRECTED THAT THE PROCEEDINGS INITIATED BY THE APPELLANT BEFORE THE COMMISSION ARE NOT MAINTAINABLE IN VIEW OF SECTION 91 OF THE MAHARASHTRA COOPERATIVE SOCIETIES ACT, 1960.
3. WE DO NOT FIND ANY FAULT WITH THE VIEW TAKEN BY THE COMMISSION.
4. THE APPELLANT HAS THE LIBERTY OF RAISING A DISPUTE BEFORE THE REGISTRAR OF COOPERATIVE SOCIETIES AT MUMBAI OR THE COOPERATIVE COURT AT MUMBAI, AS THE CASE MAY BE. LET THE APPELLANT RAISE THE DISPUTE BY FILING THE SAME BEFORE THE REGISTRAR OF COOPERATIVE SOCIETIES OR THE COOPERATIVE COURT, AS THE CASE MAY BE, WITHIN A PERIOD OF SIX WEEKS FROM TODAY. ON THAT BEING DONE, THE REGISTRAR OF COOPERATIVE SOCIETIES OR THE COOPERATIVE COURT, AS THE CASE MAY BE, SHALL HEAR AND DECIDE THE SAME ON MERITS WITHIN A PERIOD OF SIX MONTHS. THE LEARNED COUNSEL FOR THE RESPONDENT BANK HAS STATED THAT THE RESPONDENT SHALL NOT RAISE THE PLEA OF LIMITATION OR DELAY AS A BAR TO ADJUDICATION ON MERITS OF THE DISPUTE RAISED BY THE APPELLANT.
5. THE APPEAL STANDS DISPOSED OF IN THE ABOVESAID TERMS.
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