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2015 Supreme(Bom) 1950

T.V.NALAWADE
Mula Pravara Electric Co-operative Society Limited – Appellant
Versus
Maharashtra State Electricity Distribution Company Limited – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr. V.D. Hon, Senior Counsel.
For Respondent:Mr. P.M. Shah, Senior Counsel and Mr. S.S. Dande, Advocate.

ORDER

1. The proceeding is filed to challenge the order made on preliminary issue, of jurisdiction framed in Special Civil Suit No. 5 of 2011 which is pending in the Court of Civil Judge, Senior Division, Shrirampur, District Ahmednagar. In a suit filed by present respondent, Electricity Distribution Company, a Company of the State Government for recovery of the amount of Rs. 23,16,98,49,078.85 (Rupees Two thousand three hundred sixteen Crore ninety eight lakhs forty nine thousand seventy eight and paisa eighty five) in respect of electricity supplied to present applicant, the present applicant had filed application at Exh. 63 for framing preliminary issue. Applicant had contended that the suit is barred by section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Act for short) and the dispute mentioned in the plaint is covered by section 91 of the Act. The trial Court framed the preliminary issue by the order dated 10.4.2014. Opportunity was given to both the sides even to lead evidence on the preliminary issue and then the preliminary issue is decided against the present applicant and it is held that the suit is tenable in Civil Court. Both th
















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