MALEGAON TALUKA BIG BAGAYATDAR CO OPERATIVE CREDIT ASSOCIATION Vs. BHARAT CO OPERATIVE JOINT FARMING SOCIETY LIMITED

JUDGEMENT

(1.) HEARD Mr. K. S. Patil, the learned Counsel for the petitioner. Nobody is present for the respondents.

(2.) THE facts giving rise to this petition are that the No. 1 filed a dispute against the present petitioner and respondents Nos. 2 and 3 for recovering certain amount before Co-operative Court, Nashik. In that dispute the present petitioner appeared and filed an application raising preliminary objection regarding limitation. After hearing the present petitioner and the disputant society i. e. respondent No. 1 the Co-operative Court upheld the objection of limitation and dismissed the dispute so far as present petitioner was concerned. Respondent No. 1 society filed an appeal before Maharashtra State Co-operative Appellate Court against the said order and since the appeal was allowed by the Appellate Court by its order dated 6th August, 1984 the present petition has been filed.

(3.) IT was urged by Mr. Patil for the petitioner that the dispute, that was filed by respondent No. 1 was for an amount of Rs. fifty thousand and odd arising out of certain transactions between the disputants/respondents and the petitioner. He contended that the petitioner was not the member of respondent No. 1 Society but was a different entity. He pointed out that in such situation sub-section (2) of section 92 of the Maharashtra Co-operative Societies Act, 1960 becomes applicable so far as period of limitation is concerned and since admittedly the dispute was on the basis and on the strength of accounts. Article 1 of the Schedule of Limitation Act, 1963 was attracted in the present case. According to him, the dispute should have been filed within three years of closing of the year in which the last item was admitted or proved or entered in the account.