This is an appeal preferred by the original plaintiff whose suit bearing Special Civil Suit No.104 of 1991 for recovery of Rs.4,12,000/- was dismissed by 2nd Jt. Civil Judge, Senior Division, Nandedon 14.07.1994 on the ground that the suit is not maintainable for want of notice under Section 164 of the Maharashtra Co-operative Societies Act, 1960.

2. Brief facts giving rise to this appeal may be stated as below:-

The respondents are Chairman and Manager of a factory run by Shri. Shankarrao Chavan P.V.C. Pipe Utpadak Sanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960. The plaintiff/appellant has approached the Court with a case that he had agreed to carry out construction of excavation, brick lying, plastering, concreting, carpentry, joinder of steel and iron work, drainage work, water supply, sanitary fitting etc. of factory building and other constructions at the site of the defendant factory. An advance of Rs.5,00,000/- was paid by the defendant - Cooperative Society to the plaintiff for above said construction work and said amount was to be adjusted towards bill of work done. According to the plaintiff, defendant