SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Bom) 295

S.B.SHUKRE
A. C. Simoes – Appellant
Versus
Delux Co-operative Housing Society – Respondent


Advocates:
Advocate Appeared:
Mr. A. D'Silva, Advocate for the petitioner.
Mr. A. D. Bhobe, Advocate for the respondent no.1.

JUDGMENT :

Heard. Rule. Rule, made returnable forthwith. Heard finally by consent.

2. It has been the contention of the learned Counsel for the petitioner that the authorities below have not dealt with the objections specifically taken by the petitioner and objections taken were of bar of fresh claim in view of the principle of res judicata and bar of part of fresh claim in view of the law of limitation. However, as pointed out by the learned Counsel for the respondent no.1, to the present dispute the provisions of Maharashtra Cooperative Societies Act, 1960 being applicable, the plea of bar of limitation would be of no consequence as the petitioner continues to be a member of the respondent-society and in such a case, the period of limitation, as per Section 92 of the Maharashtra Cooperative Societies Act, 1960, begins to run only from the date of cessation of the membership. Similarly, the objection regarding bar of fresh claim by application of principle of res judicata would also be of no consequence as the first claim has been dismissed not on merits but, because of non-prosecution of the claim by the respondent-society.

3. In view of the above, I find no substance in this writ




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top