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2018 Supreme(Online)(Bom) 2

HIGH COURT OF BOMBAY
MANISH PITALE, J
Tamralipta Co-operative Spinning Mills Ltd. – Appellant
Versus
Smt. Seetadevi Jagdishprasad Chandak – Respondent


Advocates:
For the Appellants/Petitioners: Shri S.A. Mohata
For the Respondents: Shri N.R. Saboo

Table of Content
1. jurisdiction of civil court barred in cooperative society disputes. (Para 3 , 12)
2. impugned order reflects misinterpretation of co-operative law regarding jurisdiction. (Para 4 , 9)
3. arguments presented highlight the need for registrar's jurisdiction over cooperative transactions. (Para 5 , 6)
ORAL JUDGMENT :

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 R

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