LAWS(BOM)-2015-11-49

MULA PRAVARA ELECTRIC CO-OPERATIVE SOCIETY LTD. Vs. THE MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED

Decided On November 27, 2015
Mula Pravara Electric Co -Operative Society Ltd. Appellant
V/S
The Maharashtra State Electricity Distribution Company Limited Respondents

JUDGEMENT

(1.) The proceeding is filed to challenge the order made on preliminary issue, of jurisdiction framed in Special Civil Suit No. 5/2011 which is pending in the Court of Civil Judge, Senior Division, Shrirampur, District Ahmednagar. In a suit filed by present respondent, Electricity Distribution Company, a Company of the State Government for recovery of the amount of Rs. 23,16,98,49,078.85 (Rupees Two thousand three hundred sixteen Crore ninety eight lakhs forty nine thousand seventy eight and paisa eighty five) in respect of electricity supplied to present applicant, the present applicant had filed application at Exh. 63 for framing preliminary issue. Applicant had contended that the suit is barred by section 91 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act' for short) and the dispute mentioned in the plaint is covered by section 91 of the Act. The trial Court framed the preliminary issue by the order dated 10.4.2014. Opportunity was given to both the sides even to lead evidence on the preliminary issue and then the preliminary issue is decided against the present applicant and it is held that the suit is tenable in Civil Court. Both the sides are heard.

(2.) It is the case of present applicant, Society that Society used to purchase electricity from erstwhile Maharashtra State Electricity Board and later on from the present plaintiff Company and it used to supply the electricity to its members. It is contended that the dispute between the plaintiff and the defendant is in respect of recovery of alleged due amount, aforesaid amount and that dispute is touching the business of the society. The applicant contended that as the plaintiff is also its member, in view of provision of section 91 of the Act, the jurisdiction of Civil Court is barred. By making such contention, prayer was made to frame preliminary issue as provided under section 9A of Civil Procedure Code.

(3.) The trial Court has held that the plaintiff is not member of Society and the electricity was supplied to the society, which was consumer of the plaintiff and it is simple suit for recovery of money in respect of the said supply.