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Co-Operatve Law and C.P.c.

(Querist) 02 January 2010 This query is : Resolved 
Dear Seniors

The Application under order 7 Rule 11(d) came to be rejected by Co-Operative Court. The respondent is agitataing that the dispute is barred by limitation i.e. the same is filed after 6 years.

From the ruling reported in 1997 (1)ALL MR 193 it appears that the proper Forum is High Court.

Please advise what is proper forum to approach against the said order passed by the co-operative court

Regards
Rohit
adv. rajeev ( rajoo ) (Expert) 02 January 2010
your question it self has answer. Proper forum is High court.
Kiran Kumar (Expert) 03 January 2010
i agree with Rajeev
Rohit Suresh Gangawane (Querist) 03 January 2010
Dear Seniors

Thanks for the advise.

Regards
Rohit
Anoop Deshpande (Expert) 08 January 2010
I completely disagree with the opinions expressed above. The application filed by you U/0 7 R 11(d) is a interlocutory application under Sec.95 of Maharashtra Cooperative Societies Act. The Sec.97 is clear that any order/award made under Sec.95 or Sec.96 of the Act are appeallable before the Cooperative Appellate Court. Hence Writ is not maintainable.


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