GANPATI ZILLA KRISHI Vs. A S LAHOTI FAMILY

JUDGEMENT

(1.) The petition challenges the order passed by the Co-operative Court holding that it has jurisdiction to entertain the dispute between the petitioner and the respondent. The Appellate Court has confirmed this order and that order has also been challenged in the present petition.

(2.) The undisputed facts giving rise to the petition are as follows :

(3.) Mr. Walawalkar, learned Counsel for the petitioner, submits that there is a grave miscarriage of justice due to the orders impugned in this petition. He points out that section 91 of the Maharashtra Co-operative Societies Act does not contemplate a dispute with regard to a transaction such as the one between the petitioner-society and the respondent trust. He submits that it was a pure and simple commercial transaction between two parties. The respondent claims certain amounts were due and payable to it for goods sold and delivered by it to the Petitioner which was disputed by the latter. He points out that unless the amount is decided by the competent Court and there is a decree passed against the petitioner for recovery of that amount, it would not be liable to pay the amount under the MCS Act. He contends that in any event, the transaction between the parties was not one which touched the business of the society and, therefore, both the Courts below had erred in deciding that the Co-operative Court had jurisdiction to entertain the dispute between the petitioner and the respondent.