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1965 Supreme(Bom) 136

H.K.CHAINANI, S.P.KOTVAL
Dharamchand Premchand – Appellant
Versus
Kopargaon Taluka Kapus Ginning and Pressing Society Ltd. and Anr. – Respondent


ORDER

(1) Respondent No. 1 is a co-operative ginning and pressing society registered under the Co-operative Societies Act. The society purchases cotton from its members and sells it to other persons. On 25-11-1962 an auction was held by the respondent-society. At that auction the petitioners offered the highest bids for three lots of cottion. They also paid, Rs. 11,000 in part payment of the price of the cotton. As the petitioners did not take delivery of the cotton or make further payments the society approached the Registrar, Co-operative Societies, under section 91 of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the Act, for the dispute being decided under the provisions of the Act . The Registrar referred the dispute to his nominee under section 93 of the Act. Before the nominee an objection was raised that the dispute did not come within the purview of section 91 as the petitioners were not members of the respondent society and that consequently the nominee had no jurisdiction to decide it. The nominee referred the matter to the Registrar for decising the question under Section 91 (2). The Assistant Registrar, who heard the matter, was of the op













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