GODAVARI SAHAKARI VAHATUK SANSTHA NIYAMIT NANDED Vs. DENA BANK

JUDGEMENT

(1.) The only point that arises in this revision petition is whether the jurisdiction of the Civil Court to entertain the suit filed by the respondent against the petitioner defendant No. 1 and three others, who were the office bearers of defendant No. 1 Co-operative Society is ousted in view of section 91 of the Maharashtra Co-operative Societies Act, 1960. Section 91, so far as relevant for our purpose provides:---

(2.) There was formerly sub-section (2) in this section but that was deleted by section 16(h) of Maharashtra Act, No. 27 of 1969. Although sub-section (2) was deleted, no corresponding change was made in the number of sub-section (3). Really speaking, when sub-section (2) was deleted, sub-section (3) should have been renumbered as sub-section (2) but that is besides the point.

(3.) Sub-section (3) of section 91 takes the jurisdiction of the Civil Court to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1).