V.V.S.RAO, S.B.SINHA
Muthu Nitya Reddy – Appellant
Versus
DDY. REGISTRAR OF CO-OPERATIVE SOCIETIES/o. S. D/arbitrator, CHARMINAR CO-OPERATIVE URBAN BANK Ltd. , HYDERABAD – Respondent
( 1 ) THE question which arises for consideration in these appeals is as to whether the provisions of Order 1 Rule 10 of the Code of Civil Procedure, 1908 (for short the Code ) has any application in the proceedings under the A. P. Co-operative societies Act, 1964 (for short the Act ).
( 2 ) THE 2nd respondent-Bank is a Cooperative Society registered under Section 7 of the Act. In terms of the bye-laws of the said society the members can borrow amounts from it. The recovery proceedings were initiated against the appellants in these appeals before the 1st respondent.
( 3 ) IN the said application the cause of action was said to have arisen on 6-8-1998 as would appear from its application which is in the following terms: the cause of action arose on 6-8-1997 i. e. , on the date of the respondent 1 approached the petitioner s bank for sanction of cash credit facility for rs. 98,00,000/- and when the respondent 1 executed promissory note in support of the cash credit facility, and when the petitioner s bank on 15-9-1999 got issued the legal notice to the respondents on their failure to repay the loan amount and the case is within the period of limitation.
( 4 ) ON
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