S.B.TRADERS & ORS. Vs. SANT EKNATH SHAKARI SAKHAR KARKHANA LTD. & ORS.
HIGH COURT OF BOMBAY (AT: AURANGABAD)
S.B.TRADERS And ORS.
SANT EKNATH SHAKARI SAKHAR KARKHANA LTD. And ORS.
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S.S.SHINDE, J. -
(1.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondent no.1.
(2.) At the outset, it is necessary to clarify that, in view of the settled position of law, the Member, Maharashtra State Cooperative Appellate Court Bombay, Bench at Aurangabad and the Judge, Cooperative Court at Aurangabad are not necessary parties.
(3.) The brief facts, as disclosed in the Petitions, are as under :
(A) Petitioner in respective Petitions is registered Partnership Firm/Proprietary Firm running the business of supply of stores, consumables and spare parts etc. which are needed for various industries including Sugar Factories. Present Respondent No.1 is a Cooperative Sugar Factory (A Cooperative Society) named as "Sant Eknath Sahakari Sakhar Karkhana Ltd., Paithan, Dist. Aurangabad". The petitioners in respective petitions supplied different goods to the respondent no.1 Karkhana, as per their written orders. The transactions as to supply of goods were continued and the respondent No.1 used to make lumsum payment of part of the dues amount to the petitioners firms.
(B) As per the bills and the books maintained by the petitioners in each of the Petitions, the dues against respondent no.1 is as under :
(a) As on 27.04.1987 : Rs. 3,53,859.75 paise in WP No.1969 of 1995.
(b) As on 27.12.1988 : Rs. 35,000/- in WP No.1970 of 1995.
(c) As on 27.12.1988 : Rs. 37,000/- in WP No.1971 of 1995 and
(d) As on 27.12.1988 :Rs.4,79,328.24 paise in WP No. 1972 of 1995.
(C) The newly elected members and Managing Committee of respondent no.1 Karkhana declined to pay dues of the Petitioners. Thereafter, the petitioners made repeated requests to pay the dues, but the respondent no.1 - Karkhana failed to make the payment of dues. Therefore, the petitioners issued notice through Advocate, but inspite of receipt of notices, respondent no.1 did not reply the said notices or paid the dues.
(D) The petitioner in respective Petitions therefore, constrained to file the Dispute before the Cooperative Court at Aurangabad as follows :
(a) Dispute No. 34 of 1988 for recovery of amount of Rs.3,53,859.75 paise along with interest @ 18% p.a. (WP No.1969 of 1995).
(b) Dispute No.35/1988 for recovery of amount of Rs. 35,000/- along with interest @ 18% (WP No.1970 of 1995).
(c) Dispute No.33/1988 for recovery of amount of Rs.1,37,500/- (WP No.1971 of 1995) and
(d) Dispute No.32/1988 for recovery of amount of Rs.4,79,328.40 paise (WP No. 1972 of 1995)
(E) Respondent No.1 failed to file its written statements opposing the claim of the petitioners in each Disputes.
(F) The Judge, Cooperative Court passed the Judgments and awards and allowed the disputes filed by the respective petitioners.
(G) Present Respondent No.1 was aggrieved by the Judgments and awards of Cooperative Court preferred the Appeals before the Maharashtra State Cooperative Appellate Court Mumbai bench at Aurangabad as follows :
(a) Appeal No. 157 of 1991 (WP No.1969/1995).
(b) Appeal No. 167 of 1991 (WP No.1970/1995).
(c) Appeal No. 166 of 1991 (WP No.1971/1995)
(d) Appeal No.156 of 1991(WP No. 1972/1995)
(I) The Cooperative Appellate Court allowed all the abovereferred appeals and returned the disputes for presenting it before the proper Court. Hence these Writ Petitions. ;
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