* THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO + CIVIL REVISION PETITION NO.241 OF 2025 % 16—04—2025 # 1.M/s.Sant Damaji Sahakari Sakhar Kharkana Ltd., Rep. by its Chairman, Mangalwedha, Solapur District 413 305, Maharashtra and others.

… Petitioners vs.

$ 1. M/s. Ajaykumar Sushilkumar, Rep. by its Authrised Signatory, Mr.Aman Agarwal, S/o. Ramavatar Agarwal, Having its Registered Office at 15-2-163, Maharajgunj, Hyderabad.

… Respondent !Counsel for the Petitioners: Mr.Damodar Mundra ^ Counsel for Respondent: Mr.B.Vamshidhar Reddy

>Head Note :

? Cases referred:

MANU/SC/0068/12 (2013) 13 SCC 1 (2023) 6 SCC 401

2024 SCC OnLine Ker 797

2014 SCC OnLine Bom 512 IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

CIVIL REVISION PETITION NO.241 OF 2025 Between:

1.M/s.Sant Damaji Sahakari Sakhar Kharkana Ltd., Rep. by its Chairman, Mangalwedha, Solapur District 413 305, Maharashtra and others.

… Petitioners And

1. M/s. Ajaykumar Sushilkumar, Rep. by its Authrised Signatory, Mr.Aman Agarwal, S/o. Ramavatar Agarwal, Having its Registered Office at 15-2-163, Maharajgunj, Hyderabad.

… Respondent JUDGMENT PRONOUNCED ON: 16.04.2025 THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes _____________________ B.R.MADHUSUDHAN RAO,J THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NO.241 OF 2025 ORDER: (per Hon’ble Justice B.R.Madhusudhan Rao)

This Civil Revision Petition is filed aggrieved by the order passed by the Additional Special Court in the cadre of District Judge for Trial and Disposal of Commercial Disputes at Hyderabad in I.A.No.157 of 2024 in COS.No.18 of 2024, dated 12.11.2024, wherein the application filed by the petitioner under Order VII Rule 11 of Civil Procedure Code (CPC) was dismissed.

2.1 The contentions of the petitioners in I.A.No.157 of 2024 (under Order VII Rule 11 of CPC) is that respondent No.1/plaintiff filed suit for recovery of money and damages against the petitioners for a sum of Rs.2,32,88,194/- out of which Rs.1,12,13,218/- is the principal amount against the supply of material to the petitioner No.1/society. Petitioner No.1 is a Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter called as ‘the Act, 1960’) vide registration No.SUR/MDA/TRG(A)-15/S/1/1989 dated 26.04.1989 before the State of Maharashtra. The petitioner No.1 is running a sugar factory and for the purpose of the business used to purchase gunny bags from the respondent No.1. Earlier respondent No.1 used to supply gunny bags with good quality with weightage of 160 grams however the supply that made by the respondent No.1 was of inferior quality which weighed around 148 grams due to which disputes arose. The petitioners have raised contentions that plaint has to be rejected on the grounds of (i) non-compliance with the mandatory provisions of Section 12(A) of the Commercial Court Act, (ii) barred by limitation and (iii) jurisdiction of the Civil Court is barred under Section

91 read with Section 163 of the Act, 1960.

2.2. The plaint is barred under Article 24 of the Limitation Act, 1963 (hereinafter referred to as ‘the Act, 1963’) and it is sated in the plaint that the last payment made by the petitioners is on 14.12.2018, the suit is hopelessly barred. Respondent No.1 has earlier filed COS.No.44 of 2021 which was rejected by the Commercial Court vide order dated 24.10.2023 as the respondent No.1 failed to comply issuance of notice under Section 164 of the Act, 1960. Respondent No.1 is a member of the society for making transaction of goods and made compliance for becoming “C” class member of the society. The dispute is covered