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2018 Supreme(Bom) 2086

MANISH PITALE
Tamralipta Cooperative Spinning Mills Ltd. – Appellant
Versus
Seetadevi Jagdishprasad Chandak – Respondent


Advocates Appeared:
S.A. Mohata, Adv., N.R. Saboo, Adv.

JUDGMENT :

Manish Pitale, J.

Heard. Admit. Heard finally with the consent of the learned Counsel appearing on behalf of the respective parties.

2. The applicants herein are the original defendants who have challenged the order dated 05.04.2017 passed by the Court of Civil Judge, Senior Division, Khamgaon (trial Court) rejecting their application for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure.

3. The facts leading to filing of the instant revision application are that the respondents herein (original plaintiffs) filed Special Civil Suit No. 5 of 2013 for recovery of money against the applicants herein. It was claimed by the respondents that the applicants had placed orders for purchasing cotton bales and that they had failed to pay balance amount in respect of the said transactions. In this suit, the applicants appeared and filed an application under Order 7 Rule 11 of the Code of Civil Procedure claiming that the suit was barred by the provisions of West Bengal Cooperative Societies Act, 2006. It was pleaded that under Section 102 of the aforesaid Act, any dispute between the Cooperative Society like applicant No.1 herein and any person having transaction

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