Mcs act, 1960_limitation
Querist :
Anonymous
(Querist) 27 October 2018
This query is : Resolved
Is there any limitation period prescribed to file an application before Registrar, after serving Notice u/s 101 to the defaulter by the Co-operative Society?
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
92. LIMITATION
(1) Notwithstanding anything contained in, [the Limitation Act, 1963] but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to [the Co-operative Court] under the last preceding section shall—
(a) when the dispute relates to the recovery of any sum, including interest thereon, due to as society by a member thereof be, computed from the date on which such member dies or ceases to be a member of the society;
(b) when the dispute is between a society or its committee and any past committee, any past or present officer, or past or present agent or past or present servant or the nominee heir or legal representative or a deceased officer. deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;
(c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under section 102, or in respect of which a nominated committee or an administrator has bean appointed under [section 77A or 78], be six years from the date of the order issued under section 102, or [section 77A or 78] as the case may be:
(d) when the dispute is in respect of an election of [a committee or officers] of the society, be ^two months] from the date of the declaration of the result of the election.
(2) The period of limitation in the case of any other dispute except those mentioned in the foregoing sub- section which are required to be referred to [the Co-operative Court] under the last preceding section shall be regulated by the provisions of [the Limitation Act, 1963], as if the dispute were a suit, and [the 1963. Co-operative Court] a Civil Court.
(3) Notwithstanding anything contained in sub-sections (7) and (2), [the Co-operative Court] may admit a dispute after the expiry of the limitation period, if the applicant satisfies [the Co-operative Court.] that he had sufficient cause for not referring the dispute within such period, and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired.
Isaac Gabriel
(Expert) 27 October 2018
Neverthless, refer the TNCS Act 1983 and rules 1988 where you can find slight differences
Dr J C Vashista
(Expert) 28 October 2018
What prompted you to conceal your identity and expect obligation of experts FREE OF COST which is not in rule of this platform ?
P. Venu
(Expert) 28 October 2018
What are the facts? What is the issue?
Querist :
Anonymous
(Querist) 12 November 2018
To Kishan Dutt (Retd Judge) Sir : Thank You for your Kind Help sir. I am really grateful for it. It is really of great help.
Querist :
Anonymous
(Querist) 12 November 2018
To Isaac Gabriel sir : I will definitely refer sir. Thank You
Querist :
Anonymous
(Querist) 12 November 2018
To Dr. J. C. Vashista Sir : I dont think my identity matters. What matters here is i ask a logical and legal question. and not wasting your time in taking assistance for issues which are not legal. so i guess me raising a query would help others as well as you replying to logical and legal query would contribute in spreading knowledge and awareness among juniors and other laymen referring this website.
FYI sir : I am a Junior Advocate recently started practicing on my own. That is the reason, why i prefer to ask for help from some experienced seniors existing here. I do not exactly remember why i selected an anonymous because my main aim was and is to resolve my query here. Anyway i guess, we joined this club to assist each other.
Still I wont be disclosing the identity.
FOR YOUR KIND INFORMATION SIR, YOU ARE NOT OBLIGED TO REPLY. YOU CAN SIMPLY OPT TO IGNORE THE QUERY.
For those who have replied and helped, I am thankful to all.
Querist :
Anonymous
(Querist) 12 November 2018
To P. Venu Sir : I have served the Notice dated 20th September, 2018 to one defaulting member and he has replied it vide his reply dated 10th October, 2018. I had done research regarding limitation in filing the Application before Assistant Registrar / Deputy Registrar however I failed to find it. That is the reason, the query is being asked here. Thank for your taking out your time to reply sir.
