KASHIPRASAD COTTON PRIVATE LIMITED Vs. KAMALADEVI KANHAIYALAL SHRAWAGI

JUDGEMENT

(1.) THIS appeal filed by the appellants (org. O.P. Nos. 1 and 2 in C -334/2003) is directed against the order dated 20.10.2004 passed by the District Forum, Akola.

(2.) DURING the course of time, O.P. No. 2 took over the management of O.P. No. 1 on 31st March, 1999. In short, O.P. No. 1 was amalgamated in O.P. No. 2. Because of Deed of Amalgamation, all the liabilities of O.P. No. 1 were taken over by O.P. No. 2. All the depositors were intimated accordingly. The O.P. No. 2 had also given assurance to the depositors that deposit amount would be refunded. The complainant made his demand first time on 9.5.2000. There was no favourable response from O.P. No. 2. Having failed in his attempt to recover the amount, the complainant filed complaint before District Forum, Akola on 19.8.2003.

(3.) THE O.Ps. strongly resisted the complaint filed by the complainant mainly on two grounds (1) limitation and (2) lack of territorial jurisdiction. According to the O.P. No. 2, complaint filed by the complainant was hopelessly time barred. It was also contended on behalf of the O.Ps. that the registered offices of both the opponents are in Andhra Pradesh and, therefore, District Forum, Akola had no territorial jurisdiction to entertain the complaint.