VERSOVA GURUDUTT CO OPERATIVE HOUSING SOCIETY LTD Vs. DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES MUMBAI

JUDGEMENT

(1.) HEARD the learned Advocates for the petitioners and the respondent nos. 1 and 2. None present for the respondent No. 3, though served.

(2.) THE petitioners challenge the order dated 13. 8. 2001, passed by the Deputy Registrar, Co-operative Societies, rejecting the objections raised by the petitioners for execution of the recovery certificate issued against the petitioner-society in relation to the alleged arrears pertaining to the service charges payable to the respondent No. 3. The challenge is three fold. Firstly, that the Appellate Authority rejected the objections without even holding the necessary inquiry as is otherwise required to be held in terms of the provisions of law, more particularly those contained in r. 107 of the Maharashtra Co-operative Societies rules, 1961, hereinafter called as "the said Rules". Secondly, that the appellate Authority failed to take note of the fact that the claim for arrears is on the basis of the resolutions of the respondent No. 3 which were passed contrary to the by-laws of the society and therefore they are ab initio bad in law and no claim could have been based on such resolutions. Thirdly, the amounts claimed apparently included the service charges for the period beyond three years prior to the date of such claim and therefore they were barred by the law of limitation and the provisions of s. 92 of the Maharashtra Co-operative Societies Act, 1960, hereinafter called as "the said Act", were not applicable in the matter.

(3.) AS regards the ground pertaining to limitation, s. 92{l) (a) of the said Act provides that notwithstanding anything contained in the limitation Act, 1963, but subject to the specific provisions of the said act, the period of limitation in the case of dispute referred to the Cooperative Court under s. 91 of the said Act when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed from the date on which such member dies or ceases to be a member of the society. Bare reading of this provision would disclose that the period of limitation specified under cl. (a) of sub-s. (1) of s. 92 relates to disputes which are referred to the; co-operative Court under s. 91 and not in relation to the matters arising under any other provisions of law contained in the said Act or placed before any other authority under the said Act. Admittedly, the matter in question was placed before the authority in terms of s. 101 of the said Act. The provisions of s. 92 (1) of the said Act are not attracted in the matter relating to disputes raised before the Registrar under s. 101 of the said Act and therefore the petitioners are justified in contending that the period of limitation prescribed under s. 92 (1 ) (a)cannot be applied to the cases placed before the Registrar under s. 101. The Appellate Authority having totally ignored this aspect, has acted illegally while rejecting the objection sought to be raised on behalf of the petitioners.